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Full text of "newspaper clippings, 1854-1858"

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Boston, Frltlay, May 26, 1854, 




A MAN KIBNAFPED! 



A PUBLIC MEETING, 

—AT— 

FANEUIL HALL, 

—WILL BE HELD— 

Tbis Evening, Friday, Hay &6tfo, 

At 7 o'clock, 

TO SECURE JUSTICE FOE A MAN CLAIMED 
AS A FUGITIVE 

— BT A— 

VIRGINIA KIDNAPPER, 

—AND— 

IMPRISONED IN BOSTON COURT HOUSE! 

—IN DEFIANCE OF THE— 

LAWS OF MASSACHUSETTS! 

Cgp^Shall he be plunged into the HM1 of Virginia Slavery 
by a Massachusetts Judge of Probate? 

Boston, May 26, 1854. It my26 



Free Democratic State Committee. 

The office of the Free Democratic State Committee is at No. 
30 School stkeet, (upstairs.) {Entrance No. 1 Province 
treet. 

Another Man Seized in Boston 

—BY THE — 

MAN HUNTERS!! 

THE DEVIL-BILL RENEWING ITS VIGOR 

—AMD- 
GETTING UP A JUBILEE AMONG US, 
Orer the passage of 
THE NEBRASKA BILL!!! 



Another colored man was seized in tbis city 
Wednesday night, by virtue of that devil's li- 
cense Tor kidnapping, the Fugitive Slave bill, 
and was at the Court House, before the Fugitive 
Slave bill Commissioner, Thursday morning. 
The hunt was conducted so stealthily that few, if 
any, but those directly concerned in it, knew 
anything of the matter, until the man was 
seized and taken before the Commissioner. 
The news presently began to circulate about 
the city, and people were just beginning to 
gather at the Court House, when the exarnina- j 
tion was adjourned to Saturday. The pro- 
ceedings before the Cpmmissioner furnished 
the following particulars : — 

The colored man was taken "Wednesday night, in j 
Court Square, between .6 and 7 o'clock, and kept! 
in durance all night, in the Court House. Yesterday I 
morniDg, about nine o'clock, he was brought be 
fore Commissioner Edward G. Loring, for exam- 
ination. E. G. Parker, Esq., appeared in behalf 
of the man-hunters, and used documents purport- 
ing to be from the Circuit Court of the county of 
Alexandria, in Virginia, which set forth that 
Charles F. Suttle, of Alexandria, in that State, is 
the owner of a certain colored man, named An- 



thony Burns. The documents describe this Burns 
as a man about six feet high, twenty -four years 
old, and refer particularly to "scars" on his cheek 
and hand. It was alleged in substance that the 
man under arrest is this Burns, that he ran aw?y 
from his owner some time in March last, ana that 
the hunters mean to take this man to Virginia, 
there to be held and treated as a chattel. 

William Brent was sworn and testified— I am a 
merchant, residing in Richmond; know Charles F. 
Suttle; he is a merchant; know the boy, Anthony 
Burns; the prisoner is said Burns; he is Suttle's 
slave; he was born in Stittle's family; I hired him 
of Suttle in 1847-'8-'0; I know he was missing 
from Richmond about the 24th of March last; 
have not seen him there since; have had no con- 
versation with him here. 

R. H. Dana, Jr., here rose and said :— 

May it please your Honor — I rise to address the 
Court, as amicus curice, tor I can not say that I 
am regularly of counsel for the person at the bar. 
Indeed, from the few words I have been enabled 
to hold with him, and from what I can learn from 
others who have talked with him, I am satisfied he 
is not in a condition to determine whether he will 
have counsel or not or whether or not and how he 
shall prepare for his defence. He declines to say 
whether any one shall appear for him, or whether 
he will defend or not. 

Under these circumstances, I submit to your 
Honor's judgment that time should be allowed to 
the prisoner to recover himself from the stupefac- 
tion of his sudden arrest and his novel and dis^ 
tressing situation, and have opportunity to consult 
with friends and members of the bar, and deter- 
mine what course he will pursue. 

C. S. Parker, Esq., for the claimant. I feel 
bound to oppose the motion. The counsel himself 
says that the prisoner does not wish for counsel 
and does not wish for a defence. The only object 
of a delay is to try to induce him to resist the just 
claim, which he is now ready to acknowledge. 
The delay will cause great inconvenience to my 
client, the claimant, and his witness, both of whom 
have come all the way from Virginia for this pur- 
pose, and will be delayed here a day or two, if this 
adjournment is granted. If it were suggested that 
the prisoner was insane, out of his mind, and 
would be likely to recover soon, we could not ob- 
ject. As it is, we do object. 

To this Mr. Dana replied— The counsel for the 
prosecution misapprehends my statement. I did 
not say that the prisoner did not wish counsel and 
defence. I said that he was evidently not in a 
state to say what he wishes to do. Indeed, he has 
said that he is willing to have a trial. But I am not I 
willing to act on such a statement as that. He 
does not know what he is saying. I say to your 
Honor, as a member of the bar, on my personal 
responsibility, that from what I have seen of the 
man and from what I have learned from others 
who have seen him, that he is not in a fit state to 
decide for himself what he will do. He has just 
been arrested and brought into this scene, with 
this immense stake of freedom or slavery for life 
at issue, surrounded by strangers—and even if he 
should plead guilty to the claim, the Court ought 
not to receive the plea, under such circumstances. 
It is but yesterday that the Court at the other 
end of this building refused to receive a plea of 
guilty from a prisoner. The Coui-t never will re- 
ceive this plea in a capital case, without the fullest 
proof that the prisoner makes it deliberately, and 
understands its meaning and his own situation, 
and has consulted with friends. In a case involv- 
ing freedom or slavery for life, this Court will not I 
do less. j 

The counsel for the claimant objects to a delay; 
he objects on the ground of the inconvenience to 
which it will put the claimant and his witness, 
who have cOine all the way from Virginia for this 
purpose ! I can asssure him, I think, that he 
mistakes the character of this tribunal, by address- 
ing to it such an argument as that. We have not 
yet come to that state in which we cannot weigh 
liberty against convenience, and freedom against 
pecuniary expense. We have yet something left 
by which we can measure those qualities 



I know enough of this tribunal to know that it 
will not lend itself to the hurrying of a man into 
slavery, to accommodate any man's personal con- 
venience, before he has even time to recover his 
stupefied faculties, and say whether he has a de- 
fence or not. Even without a suggestion from an 
amicus curiae, the Court would, of its own motion., 
see to it that no such advantage was taken. 
fa The counsel for the claimant says that if the 
man were out of his mind, he would not obj ect. 
Out of his mind! Please your Honor, if you had 
ever reason to fear that a prisoner was not in full 
possession of his mind, you would fear it in such 
a case as this. But I have said enough. I am 
confident your Honor will not decide so momentu- 
ous an issue against a man without counsel and 
without opportunity. 

C. M. Ellis, Esq., also argued in favor of post- 
ponement. He stated that a decision in so impor- 
tant a case should not be given until the fullest 
and fairest trial, and this they had a right to de- 
mand. There could be no fear of delay, with the 
power of the United States and Massachusetts to 
sustain the authorities; the only fear is that jus- 
tice may not be done. The prisoner had the right 
to have all the allegations made against him prov- 
ed, and also to be provided with counsel to advise 
Mm and conduct his defence. There is also a ne- 
cessity, he said, for delay, in order that the friends 
of the prisoner may .i deliberate as to the course 
they shall pursue. In conclusion, he argued that 
justice, meagre as it is under this this law, should 
be meted out; but there should be no violence, no 
Court House in chains, but a full and fair investi- 
gation of the case. 

The Commissioner then addressed the prisoner, 
who seemed frightened at his position, and inform- 
ed him it was his right to have all the allegation s 

seade against him proved by the clearest testimo* 
ny; that he had also the right to have counsel and 

friends, and that if he desired a postponement he 
should accord it to him. The prisoner seemed in 
great doubt what to say. He glanced around the 
courthouse, apparently in search of some one. 
After a few moments delay, he, in a low voice, ask- 
ed to have the case postponed. Accordingly Com- 
missioner Loring postponed the further examina 



mediately followed by tne man nunters, who 
had been lying in wait for him, under the 
orders of Watson Freeman, Pierce's United 
States Marshal. He was taken into custody 
by officers Coolidge, Riley, and Leignton. 
He made no resistance. They took him to 
the Court House, where he was kept all night 
under a strong guard. He seemed stunned i 
and stupified by fear. The news of the arrest 
did not get abroad, and his valiant keepers did 
not deem it necessary to get out the old chain 
and stretch it round the Court House. 

During the evening, Suttle was permitted to 
see and converse with him. This did not re- 
store the poor fellow's equanimity and self-pos- 
session, especially when the slaveholder told 
him he must go with him to Virginia. Suttle 
jtold him to " make no noise about it," and go 
quietly, and he "shouldn't be hurt." He rep- 
resents that the prisoner professed a willing- 
ness to go ; but the public can easily appreci- 
ate this talk of " willingness " to be carried off 
as a chattel, in such a man; suddenly seized by 
the fugitive slave bill's bloodhounds, and stupe- 
fied with fear of the doom to which they at- 
tempt to drag"" him. Under such appliances, 
he is not likely to give a very clear account of 
what he is willing to do. So far as he under- 
stood what was said to him, he probabty con- 
strued it thus : — " You must go with me as my 
slave ; make no noise, go quietly, seem willing 
to go, and I will not harm you ; but refuse to go 
and resist my purpose to take you away, and I 



tion of the case to Saturday next, at nine o'clock | wu l flo g vou horribly." Is it difficult to com- 
A. M. Meanwhile the man will be kept imprison- prehend why he hardly dared, Thursday morn- 
ed in the Court Room. i ng5 to admit to the Commissioner that he de- 

Chus, it appears that the kidnapping, au-i s i re d a postponement of the examination ? 



thorized by the fugitive slave bill, is once more 
i trying to flourish among us. The claimant, in 
I this case, calls himself "Col. Charles F. Sut- 
; tle, of Alexandria, Va." He is a big, bony, 
broad-shouldered, ugly-looking fellow, with a 
wisp of nasty-looking hair on his chin. He is 
attended by another fugitive slave bill kidnap- 
per, called " Wm. Brent," or " Brant," a 
small man of mean appearance, little eyes, and 
sandy hair. 

There will be a meeting ' of the people in 
Faneuil Hall, this evening, to consider this 
matter. We have one word for our city 'offi- 
cers. Let them read the Statutes of the Com- 
monwealth, and consider well what they are 
about, before they allow themselves to be en- 
gaged in the service of these man hunters. It 
is just possible that our City Authorities will 
not again trample underfoot the laws of the 
State, in the service of the fugitive slave bill, 
without being held responsible tor it. 

This man, whom Suttle claims as his slave, 
came to Boston about three weeks ago, and 
has been at work for Coffin Pitts, in Brattle 
street. Wednesday night, after he had put up 
the shutters and closed the shop, he went away 
in the direction of Court street. He was im- 



" Shall Boston steal another man V" That 
is the question now before us. The federal 
Constitution was framed to " establish justice " 
and " secure the blessings of liberty," not to 
patronize the scoundrelisms of slavery. If it 
were otherwise, if the instrument were so atro- 
cious, so false to the Declaration of Indepen 
dence, as to give one man a right to enslave 
another and make him his property, his chat- 
tel, it would still remain true, that it provides 
that the "trial of all crimes, except in cases of 
impeachment, shall be by jury," and that " in 
suits at common law, where the value in con- 
troversy shall exceed twenty dollars, the right 
of trial by jury shall be preserved." 

In defiance and scorn of these great princi- 
ples of the Constitution, these creatures of 
slavery come here armed with that infernal 
machine for kidnapping, the unconstitutional 
and most atrocious fugitive slave bill, and mean 
to deny this man's right to freedom, and sub- 
ject him to slavery for life, without allowing 
him trial by jury, or admitting that freedom 
can have a right to make its claims heard of in 
presence of the slave power. They seized him in 



the streets of our city, and in scorn of the great 
principles of the Constitution, and defiance of 
that due process of law which it says " shall be 
preserved," they mean to bear him off in tri- 
umph and plunge him into the hell of slavery. 
Then will these slaveholders again laugh us to 
scorn, sneer at us as " mean, sneaking, degene- 
rate, pliant, huckstering, peddling Greeks," 
andboast that they will soon have a law author- 
izing them to hold slaves on Bunker Hill. 
" Shall Boston steal another man ?" 



Non«I niter ve«ieion-=«=»HaiE <ls Off! 

Gentlemen slaveholders — we understood you 
to say that the Nebraska bill was to establish 
the principle that the United States govern- 
ment had no right to interfere with the subject 
of slavery. Suppose you carry out that doc- 
trine to its full extent. Watson Freeman, 
who holds the Fugitive in chains at the Court 
House, is an officer of the United States gov- 
ernment, or in other words, an officer of the 
people, as much so as any officer elected direct- 
ly by the votes of the people. He is paid by 
the people for this job of infernal wickedness. 
The poor creatures whom he has placed to 
guard the man, are also paid by the people. It 
is all a joint ^nd mutual job. We are all 
in it, so far as paying the bills is concerned. 



statutes of Virginia denied him — chained lite 
a felon in a Boston Court House, thus thrice 
degraded to a jail ! — awaiting the mockery of a 
trial which shall doom him to all the unutter- 
able misery, horror, and blackness of darkness 
faintly shadowed beneath that word — 
SLAVERY! — without once allowing him to 
look upon the face of a judge— the faces of a 
jury ; — without giving him one chance for a 
future way of life far more precious than life 
itself, by securing to him the smallest of those 
priviliges of justice, won for him, as for us all, 
by the best blood of " exile and ancestor 1" 

To-night — thank God ! — we meet in Faneuil 
Hall, without distinction of party, to consider 
our duty in the premises. Let there be a 
meeting of men who are thoroughly and re- 
ligiously in earnest, and who are willing to do, 
and help do, every noble thing in their power 
to save the living soul and body of a fellow 
man from the blistering and withering Hell of 
Southern slavery ! Let every man who reads 
these words remember that this is indeed one 
of the crises of Liberty, and let him look to it 
that he be not absent to-night from Faneuil 
Hall ! The slave power crams the infamous 
swindle of a Nebraska bill down our throats, 
and then piles an outrage upon an insult, and 
undertakes to steal a Man I Leave your 



Is not this, as Douglas says, "inconsistent with 

,, . ' j. . . J .., , fields, your work-shops, your stores, your 

the principle of non-intervention with slavery i , , ,. ,"- -. i , 

„ r n i , . , . «„ homes— leave every occupation, duty, and 

If so, let Freeman be requested to follow out , , -. \ , " J 

' ' . ii ■,■■■-■;:. *'' , --L }\ J,, pleasure, and swarm to Boston ! Let no man 

the doctrine, to its legitimate end, and let the , , ,.,,»,. „ 

,?, ,. who loves liberty for himself or another, and 

sovereigns dispose of the question. , , - ' ,, . , . , 

° r * who has five dollars in his pocket, stay* away ! 

Sovereignty of the People! • Northern yeomen and mechanics and trades- 

This is one of the cries by which it is hopedj men of every order, and degree ! 



you owe to 
the genius of your Massachusetts liberty the 
solemn duty of your presence — you owe to her 
your stern, indignant PROTEST against this 
monstrous and atrocious wrong — if you owe 
nothing more ! 

The State Convention. 

John P. Hale and Joshua R Giddings will 
be among the speakers at the State Convention, 
which is to be held in Boston, (not in Worces- 
ter as at first announced,) on Wednesday next 
week. It is to be a mass Convention, ior con- 
sultation and deliberation on the present ex- 
citing and threatening aspect of the slavery 
question. The slave power, which has hither- 
to been working its way towards complete and 
permanent supremacy in this republic, by 
means of that compromise policy which has 
given it repeated victories over freedom, now 

tears and tramples under foot the compromises 

For the third time Boston witnesses the dis to which it had pledged its pirate honor, and 
graceful spectacle of a man charged with no de g es freedom to arrest its progress. Is it not 
the shadow of crimes-accused of nothing bu t ; me to have such a rising of the North as will 
obedience to the upward yearnings of a spiri'. ann ihiiate the party machinery by which free- 
, that bade him reach the same inalieable righi dom i s 60 constantly dishonored and betrayed, 
to life, liberty, and the pursuit of happiness ann i h Uate the whole race of "Northern men 
which we enjoy, and which the accursed^ Southern principles," and drive back this 

hideous power to its own place ? 



to make the Nebraska bill palateable. Shall 
not the people of Nebraska say whether they 
will have slavery among themor^not? Whc 
shall deny the great American principle o: 
self-government ? As if the right of one mar 
to enslave his neighbor was the right guaranteec 
in the Declaration of Independence. But n< 
matter. Let us have that question decided bj 
the people of Boston — by a " jury of vicinage 
Are the people of Boston in favor of having 
free man, guilty of no crime, seized and incai 
cerated in their own Court House, and guarded 
by their own officers ? If they are not, let theij 
say so 

AT FANEUIL HALL, TO-NIGHT! 



FANEUIL 

O-NI 



HALL 



— -._ , . , 



t* 



It is for the people ot the .North to say wnax 
shall be done. They hare it in their power to 
overwhelm the foul conspirators, and rescue 
the country ; and we do not believe they will 
now quietly submit to that selfish and profli- 
gate practice of party politics which has brought 
this evil upon us, and allow themselves to be- 
come sneaking slaves of the slaveholding aristo- 
cracy. The question is now before them. It 
is the only question that can make itself heard 
of in our politics — the only question that should 
engage our chief attention and direct our ac- 
tion in politics, until it is truly settled. Let us 
meet it like men. Come to the Convention, 
and let us take counsel together over this great 
"Lesson for the Day." 

Who abe they ? — It is surmised that the 
men who are guarding Burns at the Court 
House are the identical ones who passed the 
resolves in the Democratic County Conven- 
tion, in favor of the extension of slavery into 
Nebraska, and fired guns on the Common in 
honor of such extension. They are probably 
paid by the Custom House. Let not the City 
have a hand in this business. 



Mayor and Aldermen.— An adjourned meeting of 
this Board was held yesterday afternoon. Abel B. 
Munroe, Alderman elect, appeared, was duly qualified, 
and took his seat. 

The petition of certain land-holders along the line of 
the New York Central Road, in P South Boston, asking 
the Mayor and Aldermen, as County Commissioners, 
feo assess damages, came up. The Board assessed nomi- 
nal damages, and assigned Monday next for fixing 
bonds in case an appeal is taken. 

Petitions Referred.— Of Eben Francis to be ^paid for 
land taken to widen Beverly street; of Moses L. Capen 
for appointment on the Watch ; of Buttrick & Co., 
Wm. Parker,agent of the Boston and Lowell Railroad, 
and others, for the extension of Charles street. 

Petition for the use of Faneuil Hall. — A petition sign- 
ed by "Wendell Phillips ^Timothy Gilbert, Henry I. 
Bowditch, Moses Kimball, J. D. Baldwin, Theodore 
Parker, and one hundred and fifty-two others, for the 
use of Faneuil Hall, on Friday evening May 26th, to 
take into consideration the arrest of an alleged fugitive 
slave under Jthe Fugitive Slave bill, was presented 
and read, when Alderman Williams said : — 

"Mr. Mayor,— In view of the gross outrage committed 
in this city last evening, to consider which the meeting 
named in the petition is called, I move that the usual 
formalities of referring the petition to a committee, be 
dispensed with, and that the petition be granted." 

The motion was adopted, and the petition was granted 
without further debate. 



DAILY ADVERTISER. 



FRIDAY MORNING, MAY 26, 1854. 



Fugitive Slave Case. — In another column 
we give a brief report of the arrest in this city of a 
fugitive slave from Richmond, reclaimed by his own- 
er and brought before Mr. Commissioner Loring. 
There was no indication of a disposition to create 
disturbance, although a considerable number of col- 
ored men were seen about the Court House, and 
Court room. We trust they will not be encouraged 
to attempt any riotous proceedings, and that the au- 
thorities will be prepared to guard against any sur- 
prise for interrupting the legal proceedings We are 
sorry to see a proposal made for a meeting on the 
subject at Faneuil Hall. The man claimed is in the 
custody of the Marshal, and we cannot suppose that 
any Faneuil Hall assembly will advise attempting his 
discharge in any other way than by the judgment of 
the court by whom his case is to be legally heard. 



LOCAL MATTERS. 



LReporicd for ihe Bo>n.n Daily Advertiser.] 

Fugitive Slave — Abo-it 3 o'clock on Wednes- 
day evening, fj. S. Marshal Freeman arrested, on a 
warrant issued by U. S. Commissioner E. G. Loring. 
a negro named Anthony Burns, on a charge that he 
was a fugitive from service, having escaped from his 
master Charles T. Suttle, merchant, of Alexandria, 
Va. Burns was arrested in Court street, near the 
head of Brattle street, and conducted to the Court 
House, where he remained under guard during the 
night. Burns is said to have escaped from his mas- 
ter in Richmond, Va. in March last, and came in this 
city, where he has been at work for Coflin Pills, deal- 
er in second hand clothing in Brattle street. He is 
about 23 or 24 years old. Yesterday morning he 
was examined before Commissioner Loring in the U. 
S. Court room, Seth J. Thomas and Edward'c. Parker, 
Esqrs. appearing for the claimant, and Messrs. Dana, 
Ellis, Morns and others for the fugitive. Mr. Parker 
read copies of the record of the Circuit Court of Vir- 
ginia, certifying ihe fact of the application of Mr. 
Sutile concerning the escape of Bums from his ser- 
vice. He then called as a witness William Brent, 
who testified that he resided in Richmond, knew Mr! 
Suttle, who now resides in Alexandria; knew An- 
thony Burns, ^identified him as the one referred to in 
the record which had been read; that he is owned by 
Mr. Suttle as d slave and was formerly owned by- 
Mr. Suttle's mother. Witness once hired him of 
Mr. Suttle; knew that he was missing from Richmond 
on or about the 24th of March last; has not seen him 
since till within a day or two. 

At this point Mr. Dana suggested a delay .n order 
that the respondent might have time to confer with 
counsel, and prepare lor cross examination of wit- 
nesses. 

Mr. Parker objected, and stated that he believed 
the respondent wa/willing to return to Virginia with 
his master. Burns expressed a wish to have time to 
determine what course it was best to pursue, and 
therefore the Commissioner adjourned the further 
hearing of the case until Saturday next, at in 
o'clock, A.M. 

The proceedings were conducted so quietly that 
very few persons besides tl e officers knew what was 
going on During the examination some 30 or 40 
colored persons collected in and about the Court 
House, but owing to the precauiions taken by Mar- 
shal Freeman, quiet was preserved. Burns will re- 
main in the custody of the U. S. Marshal until the 
termination of the case. 



C0wtn0nfoedtj[* 



Boston, Saturday, May *T» 1854. 



MOBMft EDITION. 

Fkee Democratic State Committee. 

The office of the Free Democratic State Committee IsatN*. 
80 School stbbet, (up stairs.) lEntrance So. 1 Proriaea 

trect. i 



X 



11 



The following document will show the pub- 
lic how to estimate the infamous falsehoods 
that have been in circulation relative to the ar- 
rest of the colored man now under keepers in 
the Court House, and his alleged "willingness" 
to return with the man who claims him as a 
chattel. The poor fellow shows that he knows 
who-his real friends are, by appointing Mr. 
Pitts as one of his Attornies, the gentleman in 
whose employ he has worked since he came 
here, and whom he thus recognizes as a truer 
friend than his Virginian pretended owner : — 

THE FUGITIVE SLATE 

TO THE PUBLIC. 

ANTHONY BURNS, the alleged fugitive, this 
morning stated to us that he was arrested upon the 
false charge of robbing a jeweller's shop I That 
the statement that he wished, or is willing to return 
to slavery, 

"IS A LIE!" 
That he never so stated to any person. He has 
given to us full power, under his own hand and 
seal, to act as his attornies, and has requested us 
to do everything in our power to save him from 
going back to slavery. 

(Signed) COFFIN PITTS, 

WENDELL PHILLIPS. 

May 26, 1854. 



A writ of personal replevin from the Court 
of Common Pleas was placed in the hands of 
C. Smith, coroner, yesterday, directing him to 
replevy the body of Anthony Burns from the 
custody of Watson Freeman, and bonds in a 
large amount were given to Mr. Smith to in- 
demnify the defendant, Freeman, as required 
by the statute. Mr. Smith served the writ on 
Mr. Freeman, but he refused to deliver up his 
prisoner, or to show him to the coroner. 

Judge Russell, Mr. Sewall, and Mr. Dana ap- 
plied to Judge Sprague to appoint a person to 



serve a writ de homine replegiendo on Mr. 
Freeman, from the United States Circuit 
Court, under the provision for special service 
where the Marshal is a party. After a full 
hearing on the law, Judge Sprague decided 
that he had no authority to issue the writ. 

Application was made to the Marshal by 
Rev. Mr. Grimes, the clergyman of the colored 
people, Mr. Wendell Phillips, and Deacon 
Pitts, for leave to visit the prisoner, but it was 
refused, the Marshal saying that no one should 
visit him but Mr. Dana. On a special applica- 
tion, made by Mr. Dana to Judge Loring, the 
Commissioner, he directed Mr. Freeman to 
allow two or three friends of the prisoner to 
visit him, if he desired to see them. After this, 
Mr. Phillips, Rev. Mr. Grimes, and Deacon. 
Pitts visited him. At first they were not fl- 
owed to talk with him privately, but after re- 
monstrance, they were permitted to see him in 
a corner of the room, out of hearing of the offi- 
cers. There were some ten or twelve officers 
in the room. The prisoner assured them that, 
he had never expressed a willingness to return, 
but dreaded it extremely. We understand he 
has said the same to Mr. Dana. He desires 
every chance for his liberation to be availed of. 

The Slave Catcher's Commissions* 
Rebuked. — Yesterday morning, as Commis- 
sioner Loring made his appearance at the lec- 
ture room of the Law School, at Cambridge 
for the purpose of delivering his usual Friday 
lecture, he was received by the students with 
| a storm of hisses, and other marks of disappro- 
bation, mingled with cheers from the " ehiv-jf 
airy," who of course came to the ' rescue. Wf ; 
are glad to know that some of the students » 
this Institution have not forgotten NathaJ] 
Dane, its founder— but are imbued with tlij 
same spirit that made him love freedom as 
hate slavery. 

Mr. J. W. Leighton, Constable, wishes it 
stated that he is not the Joel A. Leighton who 
helped to arrest the fugitive, and wishes it dis-J 
tinctly stated that he is not concerned in such| 
" dirty business." We understand that " Joel 
A. Leighton" is not an "officer," but a hanger- 
on about the Court House, for whatever jobs 
of the sort may happen to turn up for him. 

Yesterday, a writ for conspiracy to kidnap, 
was served on the slave claimant, Suttle, at the 
Revere House. Henry Hallet, of Boston, be- 
camehis bail in the sum of $10,000. 



,' 






TUB MKETINO AT FAIVEUIL HALL. 

An immense concourse of people assembled at 
Fansuil Hall, last night, The Hall was deniw.lv 
crowded; all the passage* were filled, and ther 
was a crowd outside. The meting was called 3 
Crder by Hon. Samuel E. Sewall, and it was or- 
1 ganited as follows :— 



ll 



— — 






J 



mtm Mutual 

SATURDAY EVENING, MAY 27, 185-&, 

EIP" The disgraceful scenes of violence which 
transpired in this city last evening — the exciting 
meeting in Faneuil Hall—the lawless counsels 
which there prevailed— the violent attack upon 
the Court House — and last and most to he deplor- 
ed, the murder of an officer who was faithfully dis- 
charging his duty, — are well calculated to lead the 
peaceable and well disposed — those who respect 
the laws, and who recognize the authority of a 
properly constituted government — to reflect upon 
the nature and tendency of the insane efforts which 
are making to rescue an alleged fugitive from the 
custody of the United States authorities. If unre- 
strained passion is to be allowed full sway — if law- 
less violence is to go unrebuked, and men high in 
social position are to become the leaders of a mob 
—if a law of the United States is to be trampled 
tinder foot, and the officers of the government 
shot down in the discharge of their duty, and this 
without rebuke, then indeed will a blot rest upon 
the fair fame of our city, and Boston will be de- 
graded in the estimation of the whole Union. 

We take a more hopeful view of the present ex- 
citement. We know that the great maj ority of our 
citizens are well disposed. They will uphold the 
constitution and support the laws. They will sus- 
tain the authorities in the firm and decided stand 
Which they have taken to put down mob violence, 
and will aid in the preservation of order. The law 
will triumph over the passions of an infuriated 
mob. Of this we have an evidence in the prompt- 
ness and success with which the city authorities 
have met the crisis, and in the readiness with which 
the citizen soldiery— who are with the people and 
of them— have responded to the call of duty. 

The self-constituted friends of the alleged f agi- 
tive, have certainly taken a very injudicious 
course, and one which has tended to embarrass 
any properly directed efforts to rescue the unfortu- 
nate man from a return to slavery. They did not 
wait to try the virtue of legal proceedings. In 
! their eagerness to trample upon the fugitive slave 
law,they forgot that inflammatory appeals and mob 
violence, instead of increasing the sympathy which 
every one felt for the unfortunate prisoner, would 
only arouse a feeling of indignation, and a deep, 
settled determination among the law-abiding poiM 
tion of the community to sustain the authorities 
in enforcing the laws. The cause of Burns has 
thereby suffered, and the 'man who might now 
have been free by' the voluntary transfer of the j 
claim by which he is held, is still confined in the 
Court House, under the guard of United States 
troope, and in actual bodily fear lest some indis- 
creet friend should endanger his life rather than 
see him returned to slavery. 

We are glad that the excited and violent leaders 
Of the mob have been allowed time for their pas- 
sions to- cool, and for reflection upon their unwise 
course. The real friends of the alleged fugitive 
can now devise some means to secure his freedom 
without transgressing the laws. There is evident- 
ly a disposition on the part of the Commissioner 
to extend to Burns all the favor which is consistent 
with his duties, and with a proper administration 
of the law. We have no fear, with the able coun- 
sel who have been employed in his behalf, that the 
case will be summarily disposed of, and if the 
worst fears of the friends of Burns should be 
realized-^if he should be remanded by the Com- 
missioner to the custody of his claimant — his^ res- 
cue from slavery may yet be effected without re- 
sorting to violent means, which under any circum- 
stances are unjustifiable. 

In the holy hours of the Sabbath — by the quiet 
of the domestic fireside — let those who have been 
instrumental in inciting to deeds of violence and 



bloodshed reflect upon the deplorable conse- 
quences of their rashness, and upon the duty 
which they owe to their country, as Republican 
• citizens— to the State, whose fair fame should be 
above all price— and to the city, upon the main- 
tainance of the peace and order of which their 
own personal security so intimately depends. 
Let them consider well how they can best serve 
the cause of the poor fugitive, whose rescue by 
violent means they cannot hope to effect, rather 
than in what manner they can most strongly show 
their contempt and hatred for an obnoxious law. 
Above all, let them consider whether the deep, 
earnest and abiding feeling which exists at the 
North in favor of human freedom, may not be 
made more available in its opposition to the slave 
power, if more moderate measures, and wiseer 
counsels should mark the course of those who 
claim to be its peculiar champions. 

" Then, Mr. Bird said, I went to the Journal office— 
the Journal is a very respectable paper; belongs to the 
anli-slayery religious Whig party. I went to the clerk 
m the counting room and lie said I must see the editor • 
so I climbed up fiye or six pairs of stairs and fou»0 
the editor, and he said he would not publish it '-h hin 
editorial columns; that he would not publish anything 
which would tend to produce excitement. I said il 
was rather h$rd that you hud published the lie that he 
wanted to go back to slavery, and now won't publish 
the truth-"— Extract from Report of Faneuil H-*ll 
Meeting. 

Mr. Bird has correctly stated the reply which was 
made to his request that we should publish an in- 
i cendiary card in the editorial columns of the Jour- 
nal, snd we are ready to submit our course, and 
the motives by which it was actuated to the judg- 
ment of an impartial community. Men who are 
laboring under such extreme excitement that they 
i must charitably be supposed to be unaccountable 
for their acts— men who deliberately advise resist- 
ance to the laws and counsel to deeds of. violence 
, and bloodshed— men who declare that there is now 
no law in Massachusetts, and the people may act 
in their own sovereignty — are not proper 
persons to have unrestrained liberty to print 
and publish their violent invectives through 
the columns of a widely circulated newspaper. 

We do not, under any circumstances, recognize 
the right of any person to demand the admittance 
of a card in the editorial columns of this paper. 
If a statement has been inadvertently made there- 
in to the injury of any party, which can be shown 
to be unfounded, we are ready at all times to make 
the required correction, and to place the matter in 
its true light before the public. But we claim, and 
shall exercise, the right to do this in such manner 
and form as we may deem to be just and proper, 
and shall admit no communication or denial which 
is not respectful in its tone or which is obviously 
incendiary in its character. 

The specific charge made by Mr. Bird in the last 
sentence which we have quoted, and upon which 
the card that he brought to us was based, is 
Without foundation in fact. We did not state that 
Burns wanted to go back into slavery, and of 
course there was no occasion for a denial of the 
report in the columns of the Journal. 



The Fiigitiw giaye Case! 



The master arrested and held to bail! 



ATTEMPTED RESCUE OF BURNS! 



Dooirs of the Court House Siove In I j 



ONE MAN KILLED! 



TSae UssBfesI Stales Troops Posted in the 
Court House* 



TEE BOSTON MILITARY ORDERED OUT. 



~] -■- — 



No unusual excitement was perceptible about the 









v/uu^ aj.uuo(! Muiuig we uttj y esi«Iv»»,y 3 muui Hit; iUgi- 

tive, Burns, remained under guard. During the fore- 
neon, a writ was issued by Seth Webb, Esq., on an ac- 
tion of tort, for the recovery of $10,000 damages against 
Messrs. Charles F. Suttle and William Brent, "for, 
that the said Tuttle and Brent on the 24th day of May 
instant, well knowing the said Burns to be a free citi- 
zen of Massachusetts, conspired together to hare the 
said Burns arrested and imprisoned as a slave of said 
Suttle, and carried to Alexandria, Va," &c, fee- 
Lewis Hayden, a colored man, was the complainant 
in the case. 

The writ was served upon Messrs. Suttle and Brent, 
and they gave the required bail in the sum of $5000 
each. 

Subsequently, Chief Justice Wells issued a writ of 
replevin against U. S. Marshal Freeman, directing that 
officer to bring the body of Anthony Burns, the fugi- 
tive, before the Court of Common Pleas, on the 7th 
day of June next, but the Marshal did not obey the 
order. s 

Soon after Burns' arrival here, as it now appears, he 
wrote a letter to bis brother in Alexandria, who is also 
a slave of Mr. Suttle's, stating that he was at work with 
Coffin Pitts, in Braitle street, cleaning old clothes. This 
letter he dated in " Boston," but sent it to Canada, 
where it was post-marked and sent according to the 
superscription, to Burns' brother in Alexandria. 

As is the custom at the South, when letters are re- 
ceived directed to slaves, they are delivered to the 
owner of such slaves, who opens them and examines 
their contents. This appears to have been the case 
with Burns' letter, and by his own hand his place of 
retreat was discovered by his master. 

An excited meeting was held in Faneuil Hall last 
night, to take measures to prevent the return of the fu- 
gitive. We have given a sketch of the doings, on the 
first page. The meeting was terminated very abruptly 
by a report that an attempt was then making to rescue 
the f ugitive c 

The Attempted Rescue of B arsis ♦ 

On the abrupt termination of the meeting in Faneuil 
Hall, the excited crowd rushed for Court Square, pell 
mell, shouting "Rescue him!" "Rescue him!" &c— 
Entering upon the Eastern Avenue, in the space of a 
minute or two, several hundred people had collected. 
The officers in the building closed the doors, when some 
dozen people, some of whom were colored, rushed up 
the steps," and commenced pounding on the doors. A 
pistol was fired by some one in the crowd. A pistol 
was shortly fired on the Westerly side of the Court 
House, when the crowd rushed round the building. — 
Here, some two thousand people collected in a very 
brief space of time- Several pistols were fired in the 
streets. 

The crowd immediately commenced an assault upon 
the south door, on the West side, with axes, and a bat- 
tering-ram, in the shape of a heavy beam, some twelve 
feet long, which was at once launched upon the stout 
oak door. The battering-ram was manned by a dozen 
or fourteen men, white and colored, who plunged it 
against the door, until it was stove in. Meantime, 
several brickbats had been thrown at the windows, 
and the glass rattled in all directions. The leaders, or 
those who appeared to act as ringleaders in the melee, 
continually shouted: "Rescue him!" "Bring him 
out!" "Bring him out!" "Where is he?" &c, &c. 
The Court House bell rung an alarm at half past nine 
o'clock. 

When the doors were opened, two or three persons 
rushed into the entry, but the officers in the building, 
who were mustered in full force on the stairs, gave the 
vaicrOus^rioters so warm a reception with clubs and 
swords, that they quickly retreated to the streets. Two 
shots were discharged in the entry, which appeared to 
intimidate the rioters somewhat, and they retreated 
to the opposite side of the street. At this time, a large 
depulation of police from the Centre Wateh House, ar- 
rived upon the ground, and in a few moments arrested 
several persons and took them to the Watch House.— 
Stones were occasionally thrown at the windows, and 
shouts continued to be made, but the firm stand of the 
officers stationed within the -building, with the support 
they received from the police, prevented any further 
demonstration. 

Tee saddest part of this outrage on the part of the 
mob rests in the fact that human life has been sacri- 
ficed. 

At the time the mob beat down the westerly door of the 
Court House, several men, employed as United States 
officers, were in the passage-way, using their endeavors 
to prevent the ingress of the crowd, and among the 
number, was Mr. James Batchelder, a truckman, in 



. . ?*~iZ v "*~ xc,cr ■^aavar; wno, aimost at tne 
instant of the forcing of the door, received a pistol 
Jot, (evidently a very heavy charge,) in the abdomen. 
Mr. Batchelder uttered the exclamation, «T> m 
stabbed," and falling backwards into the arms of 
watchman Isaac Jones, expired almost immedi- 
ately. Xne unfortunate man resided in Charleston, 
where he leaves a wife and one or two children to 
mourn his untimely death. 
At the time of forcing the door, and just as the fatal 
| shot was fired, one of the rioters, who was standin- on 
I the upper step, exclaimed to the crowd, « You co-vards 
will you desert us now?" At this monurot the excla- 
mation of- Mr. Batchelder, '-I'm stabbed!" was heard 
street^ ri ° terS retreated to the SpP^e side of the 

In the meantime a white man rushed into the crowd 
ana distributed several meat axes, with the blades 
enveloped in the original brown papers. Two or three 
ol these axes were subsequently picked up by the of- 
ficers, and were deposited in the Centre Watch Sou^- 

Shortly after the death of Mr. Batchelder, Coroner 
Smith took charge of the body, and will hold an in- 
quest to-day. 

After the arrests had been made, the crowd, although 
exerted, remained quiet, but a new element was intro- 
aucedby the arrival of a military company. The Bos- 
ton Artillery, Capt. Evans, were in the streets for their ' 
usual anil. When they marched up Court street, the 
mob at once supposed them to be the U. S. Marines 
come to preserve order, and they were at once saluted 
with hisses, groans, and other marks of derision. Caot 
Evans, seeing an excited crowd, and not knowing any- 
thing of the disturbance, immediately marched his 
command down the West side of the Court House, and 
Halted m the square, the crowd giving way. When the 
cause of the appearance of the company was exolained, 
arted gavethem tliree cheers > and the company de- 

By order of the Mayor, the Boston Artillery and the 
Columbian Artillery, were ordered out, and about mid- 
night they took quarters in City Hall, where they re- 
mained during the night, waiting further orders. 

A large force of officers were detailed for duty dur- 
ing the night outside the Court House, and through- 
out the whole evening and night, an additional strong 

S^ZfT* ^ BMl &M Prepared fo < ^ 

Tui U ? 1 1 arra il 8emeDts have been wad* by the U. S. 
Marshal, andby Chief of Police Taylor, together with 

Te^Tt^r^' that aay a »d a" attempt at 
rescuing the fugitive or creating an evil disposed mob 
win be met with the most certain and successfuTde- 

The examination of the fugitive now in custodv will 
be resumed at 9 o'clock this morning, and none who 
are knowing to the facts, doubt that justice w m be ad 
ministered and the laws of the country dufy executed! 
The westerly side of the Court House shows the ef- 
fects of the assaults made upon it last night] The door 
which ^was forced is well battered up; and there are 
between forty and fifty panes of glass broken. Two or 
three of these bear evidence of having been perforated 
W^th bullets. 
t Ten o'clock, A. M. 

It is estimated that from seven to ten thousand per- 
sons are now in Court Square. 

The body of the unfortunate officer Batchelder, who 
fell a victim to the unrestrained passions of the mob 
last night, has just been removed by order of Coroner 
Smith, to his late residence in Charlestown. As the 
coffin was being placed in the covered carriage which 
conveyed it out of the Square, the noisy outcries of the 
assembled multitude were hushed, and quiet reigned 
until the vehicle which bore the body had left the 
Square. 

When other vehicles passed through the square, the 
riotously disposed were quite boisterous, and crowded 
upon the officers who were stationed about the easterly 
entrance of the Court House. Three or four of the most 
forward in these disturbances were promptly arrested 
and committed to the Centre Watch house. These sum- 
mary arrests tended to cool the ardor of the riotous, 
and order was once more restored for a time. 

Marshal jb'reeinati naa a very narrow escape, ,\ 
ball haviDg struck the wall quite near him, while ! 
he was leading his men up to repulse the individ- 
uals who had broken in. His son, who was pres- 
ent, ran into the crowd, crying " Father, you will 
be shot," and he was quite close to Batchelder 
when he fell." 



I 



<J 









V 



/ 






Gkobob R. Russell, of Roxbury, President. 
Vice President*— Samuel G. Howe, William B. 
Spooner, Francis Jackson, Timothy Gilbert, F. W. 
Bird of Walpole, Rer. Mr. Grimes, Albert G. 
Browne of Salem, 'Gershom B. Weston, of Dux- 
bury, T. W. Higginson of Worcester, Charles M, 
Ellis of Roxbury, Samuel Wales, Jr., Samuel 
Downer, Jr. 

Secretariat- William* L Bowditch and Robert 
Morris. 

On taking the chair, Judge Russell said, he had 
once thought that ft fugitive could never be 
taken from Boston. But he had been mistaken! 
One had been taken from among us, and another 
lies in peril of his liberty. The boast of the slave- 
holder is that he will yet catch his slaves under 
the shadow of Bunker Hill. We have made com- 
promises until we find that compromise is conces- 
sion, and concession is degradation. (Applause. J 
The question has come at last whether the 
North will still consent to do what it is held base 
to do at the South. Why, when Henry Clay was 
asked whether it was expected that Northern men 
would catch slaves for the slaveholders, he re- 
plied, "No! of course not! We will never expect 
you to do what we hold it base to do." Now, the 
very men who had acquiesced with Mr. Clay, de- 
mand of us that we catch their slaves. It seems 
that the Constitution has nothing for us to do but 
to help catch fugitive slaves! 

When we get Cuba and Mexico as slave States— 
when the foreign slave trade is re-established, with 
all the appalling horrors of the Middle Passage, 
and the Atlantic is again filled with the bodies of 
dead Africans, then we may think it time to waken 
to our duty 1 God grant that we may do so soon J 
The time will come when Slavery will pass away, 
and our ehildren shall have only its hideous mem- 
ory to make themjwonder at the deeds of their fa- 
thers. For one I nope to die in a land of liberty — 
in a land which no slave hunter shall dare pollute 
with his presence. [Great Applause.] 

The following resolutions were presented by 
Dr. Saml. G. Howe, and unanimously adopted: — 
Rt—lved, That the people of Massachusetts Hav- 
ing declared in the first artielaof their Constitution, 
that " all men are born free and equal, and have cer- 
tain natural, essential and inalienable rights :" are 
solemnly bound to stand by their declarations, by re- 
fusing to recognize the existenae of any man as a slave 
on the soil of the old Bay State. 

2. Rtiolvtd, That the perfidious seizure of Anthony 
Burns, in this city, on Wednesday evening last, on the 
lying pretence of having committed a crime against 
the laws of this State— his imprisonment as an alleged 
fugitive slave in the Court House, under guard of cer- 
tain slave-eatching ruffians— and his contemplated trial 
as a piece of property to-morrow morning— are outrages 
never to be sanctioned, or tamely submitted to. 
. 8. Resohtd, That the time has come to declare and to 
demonstrate the fact that no slave-hunter can carry his 
prey from the Commonwealth of Massachusetts. 

4. Resolved, That (in the language of Algernon Sid- 
ney,) " that which is not just Is not law, and that which 
is not law ought not to be obeyed." 

6. Resolved, That, leaving every man to determine for 
himself the mode of resistance, we are united in the 
glorious sentiment of our Revolutionary fathers—" Re- 
sistance to tyrants is obedience to God." 

4. Reiolvtd, That of all tyrants who have ever cursed 
the earth, they are the most cruel and beastly, who deny 
the natural right of a man to his own body— of a father 
to his own child— of a husband to his own wife ; whose 
traffic is in human flesh and broken hearts : who defend 
chattel slavery as a divine institution ; and who declare 
it to be their Unalterable purpose indefinitely to extend 
and forever to perpetuate their infernal oppression. 

7. Resolved, That as the South has decreed, in the 
late passage of the Nebraska bill, that no faith is to be 
kept with freedom ; so, in the name of the living God, 
and on the part of the North, we deelare that hence- 
forth and forever, no compromises should be made with 
slavery. 

8. Resolved, That nothing so well becomes Faneuil 
Hall as the most determined resistance to a bloody and 
overshadowing despotism. 

0. Resolved, That it is the Will of God that every man 
should be free; we Will as God wills; God's will be 
done! 

10. Retched, That no man's freedom is safe unless all 
men are free. t 

,The meeting was then addressed by Hon. F. W. 

Bird, J. L. Swift, Esq., Wendell Phillips, and 

Theodore Parker, whose several speeches were 

received with the greatest enthusiasm. At 10 

o'clock the assembly adjourned. 



Distarlmace mt tk« Costrt Heane— A Man 
Killed. 

An excited crowd gathered around the Court 
House, last night, and between ten and eleven 
o'clock there was a rather serious disturbance. 
One of the doors was assailed and forced open. 
The keepers of the fugitive fired upon the crowd, 
and otherwise assailed those at the door. No 
•hots were fired from outside; but one man inside 
was killed by a pistol ball, which seems to have 
been fired by one of his companions, who handled 
his pistol carelessly. The name of the man killed 
waa James Batehelder. He was a teamster, in the 
employ of the Custom House, or rather in the em- 
ploy of Peter Dunbar & Co., Custom House truck- 
men. None of the shots fired at the people took 
effect; but some of those at the door were injured 
by the sabres bf the Marshal's helpers. Brickbats 
and stones were thrown from the crowd, injuring 
the windows. 

At about 11 o'clock, two companies of city milij 
tary—the Columbian Artillery Capt. Cass, an Irish 
corps, and the Boston Artillery, Capt. Whorf, the 
whole under command of Col. Cowdin, ordered 
out by Mayor Smith, to preserve the peace, ar- 
rived on the ground, the former being received 
with hisses, and the latter with cheers. They 
were soon after quartered—the Irish company in 
the Court House, and the other in the City Hall. 
At 13 o'clock there were not more than thirty per- 
sons on the ground, and everything appeared qui- 
et, for the night. 

The following persons were arrested by the 
police during the affair:— Albert G. Browne, Jr., 
John J. Roberts, Henry Howe, John Thompson, 
Walter Finney, John Westley, Thomas Jackson, 
and Westley Bishop. Tney were charged with dis- 
turbing the peace; but it is possible that some of 
them, at least, were there merely as lookers en. 



[Reported for the Boston Daily Advertiser.] 

Meeting at Faneuil Hall.— A meeting was j 
held, last evening at Faneuil Hall, to consider the 1 
subject of the arrest of the fugitive slave, Anthony 
Burns, and to consult as to what measures it was 
proper or expedient for the friends of Burns to take in 
the case. The meeting was called to order by Sam- 
uel E. Sewall Esq. George R. Russell, Esq., presid- 
ed, assisted by six or eight Vice Presidents. William 
I.' Bowditch and Robert Morris were appointed Sec- 
retaries. Mr. Russell, on taking the chair, said they 
had assembled to protest against the arrest of the fu- 
gitive, but not to encourage violence- The meeting 
was then addressed bv Francis W. Bird of Walpole, 

and Swift. Dr.'S. G. Howe offered a series of 

resolutions, and when we left the Hall, Wendell 
Phillips, Esq , was speaking. Some of the audience 
occasionally exhibited considerable enthusiam, but 
on the whole, the meeting was as orderly as couid 
reasonably have been expected. While Mr. Phillips 
was speaking, it was announced that a crowd had 
assembled in Court Square, and the meeting imme 
diately adjourned, most of the people wending their 
way towards the Court House, apparently more from 
curiosity than for any evil purpose. 

The people who had previously assembled in Court 
Square began to show indications of an attempt to 
rescue the fugitive who was in one of the upper 
rooms of the Court House. Several of the windows 
were broken, and the middle door on the west side 
of the building wa3 burst open, but the insurgents 
flndinga strong force inside prepared to meet them, 
they desisted from further violence. The crowd 
loitered about the building for some time, but grad- 
ually dispersed. 

We have since learned that a pistol was fired from 
the Court House, and a man killed, whose name we 
did not learn. Another man is also said to have 
been wounded. 




From the Evening Edition of Saturday. 



i 






Commissioner's Court. 

The Examination ofthe Fugitive Slave 
Case.— By 9 o'clock the U. S. District Court room 
was filled by a select company , admitted only .af- 
ter the closest scrutiny-- and consisting first, of the 
prisoner, an intelligent looking negro, about 30 
years of age, with good physiological developments ; 
next, on either side of him, seated in the rear of 
the bar, five stalwart speciad deputy marshals, I 
among them the notorious Tern Dollivar, of Sims 
. notoriety, all armed with rev olvers in their breast! 
'pockets; in the rear of these, such worthies as ] 
Lewis Clark, who crowded from his seat a respecta- 
ble colored English lawyer, appropriating it to 
himself; on the bench, the classical and refined 
Commissioner, seeming to regard the occasion 
as a most disagreeable one; before him, the 
respective counsel for the different parties; on the 
east side of the room, numei ous United States of- 
ficers, whose troops from the Navy Yard were bar- 
racked in the apartments ovi jrhead; before these, 
on the front seat, were th e miserable-looking, 
bat far more miserable-acting kidnappers, re- 
inforced by one or two bew hiskered Southerners, 
who affected to look with contempt on the coun- 
sel for the prisoner, and other men who were 
pointed out to them; and .finally, throughout the 
chamber, numerous reporters, citizens, members 
of the bar, and friends of $ie prisoner, though the 
pimps of the government were as two to one. 

At 10 o'clock, E. G. Parkier, Esq., junior coun- 
sel for the claimant, rose and stated he supposed 
it was not necessary to go over again the evidence 
adduced at the preliminary examination,, and was 
proceeding with some statement to the Commis- 
sioner, when 

C. M. Ellis, Esq., one of the counsel for the 
accused, interrupted him, saying he desired the 
presence of Mr. Dana, his associate in the case, 
before anything was said. 

The Commissioner signified the propriety of the 

delay. 

At 20 minutes past 10, Mr. Ellis asked for delay 
in the proceedings, in order that suitable prepara- 
tion might be made for the defence— the delay of 
the two days being given to the prisoner to elect 
whether he would make a defence or not. It was 
not till Friday afternoon, that he and his col- 
league, Mr. Dana, understood they were to act as 
counsel for the prisoner. Until on Friday after- 
noon, also, no opportunity was given to any par- 
ties to see and converse with the prisoner, thus 
virtually making the arrest take place at that time. 
Besides, he thought no man possessed that. calm- 
ness of mind necessary to go on with this case at 

this time. 

These points he argued with clearness and force, 
and was listened to with deep interest. He had 
supposed that there would not be another case of 
this kind in Boston; that the law having been ex- 
ecuted in Boston, the country would be satisfied; 
but such was not to be the case. Under a differ- 
ent state of public opinion, he thought the prece- 
dents of the former case would not now, if for the 
first time made, be established. He prayed his 
Honor to consider that he acted as both judge and 
jury in this case, and trusted his response to the 
request would be such as would reflect credit upon 
his humanity, his justice, and his love- of country. 



Mr. Parker, in behalf of the claimants, argued 
that a sufficient delay had been rendered, and 
nothing would be ^dned by further postpone- 
ment. . 

Seth J. Thomas, Esq., senior counsel for the 
claimant, argued that before the motion for delay 
was granted, it should be shown that there was a 
defence ready to be presented. These are but pre- 
liminary proceedings, the question of his freedom 
being settled in the State to which he may be con- 
veyed. He admitted that when the arrest was 
made, the man was notin condition to frame a de- 
fence; but now he thought such was not the case. 
He intimated that the continuance of the case 
might result in similar scenes and loss of blood as 
those of Friday night. Touching at length upon 
almost every topic growing out of this case, he con- 
cluded with the expression that he saw nothing in 
the objections urged against going on,' that did not 
rather apply against the fugitive law itself. 

Richard H. Dana, Jr., Esq., for the defence, re- 
plied that he thought the considerations presented 
by the other side had anything but a bearing upon 
the case. It was not what should be done with the 
man, or as to the constitutionality of the fugitive 
law, or any similar point, .but simply whether we 
should be hurried into this trial, all unprepared, 
at the expense of justice and freedom. It wtts true 
that the fugitive law spoke of summary proceed- 
ings, but even in the Sims case more delay was 
had than in this case. He then reviewed the cir- 
cumstances of the arrest, and the fact that till Fri- 
day afternoon the prisoner had had no oppor- 
tunity to consult with friends, the Marshal up to 
11 o'clock, on Friday, allowing no friend to see; 
him, and then only at the command of the Com- 
missioner*' 

It is less than 24 hours since any man was per- 
mitted to see the prisoner, and that only would 
have been permitted but by the order of His Hon- 
or. He then learned that counsel was wanted in th(,, 
case, and it was about-2 o'clock that the counsefj 
for the defence were engaged. The prisoner thei 1 
pronounced the statements he wished to go back 
false. Under these circumstances, he {the coun- 
sel) did not feel that he could go on with the case 
in justice to the prisoner. Now it was said that if 
delay was granted, violence would ensue. What 
is that to us! If the law is not strong enough to 
preserve the peace, shall the man suffer? Let not 
the right of liberty be jeopardized by weakness in 
the law. Such a consideration was to be put to no 
court. It is a confession of weakness . The priso- 
ner was one without hope — a prisoner to despair. 
All the proceedings against him were exparte, and 
he now for the first time puts in a claim to be 
heard on the other side. 

He would ask his Honor if he would force coun- 
sel on to a trial on such evidence as had been ad-' 
duced, taken in the absence of the prisoner, under 
the provisions of a law unlike any other in Christ- 
endom? It is because the prisoner is to be taken 
before iio other court that y¥e ask for delay. In- 
deed, there is no requirement that he shall be 
taken back to Virginia. He may be taken to 
Texas, or to Cuba, or anywhere else his master 
pleases. But he had it from the prisoner's own 
lips that he feared, indeed he knew almost to a 
certainty, that he was not to go to Virginia, but 
would be put upon the first block for sale to the 
New Orleans market, to languish and die upon the 
cotton fields of Louisiana. Supposing, after the 
certificate had been granted, the claimant turns up 
hera, and is asked, Did you take that man to Vir- 
ginia'? and the response comes— What is that to 



you ? — where would be tne satisfaction that could 
be felt under the plea that the prisoner would have 
a trial in Virginia, and these proceedings were 
only " preliminary ?" . 

Mr. Dana continued in scorching comments on 
the language of Mr. Thomas, in reference to pro- 
ceeding at once with the case, and some correla- 
tive circumstances, which should be given verba- 
tim to be appreciated in their force by our readers- 
Mr. Thomas explained his language, and Mr. 
Parker was authorized to say that the claimant 
was disposed to dispose of the man to parties in Bos- 
ton, and that if the terms were complied with, he 
would be transferred to parties who desired his free- 
dom. 

Mr. Commissioner Losing, in reply, said that 
this was not a court of continuance, having peri- 
odical sessions, but one with jurisdiction until 
the subject in hearing was disposed of. Hence 
there could not be such a thing as postponement 
definitely; but there might be reasonable delay. 
The prisoner having signified a desire for counsel, 
and that counsel expressing themselves not ready 
to go on, — in view of the comparatively little in- 
convenience to the claimants, but of the great 
hazards and personal risks to the respondent, he 
thought a delay of one or two days, and even of 
two or even more upon that, if necessary, would 
not jeopardize the cause— he should grant the 
motion for delay, and adjourn the hearing till 
Monday morning to 11 o'clock. The Court was 
accordingly adjournrd to that time. 

This decision, with the Commissioner's liberal 
remarks, together with Mr. Dana's most searching 
and vigorous address, gave great satisfaction to 
crowds inside and out of the Court-room. 



ggp^ THE PLOT IS OUT. ^^Jf 

We aro informed on the very best authority— it 

came from the lips of a gentleman from Northern 

Virginia, now stopping in this city— that arrange- 

'■ ments were made by the slave claimant, guttle, 

three weeks ago to take back Anthony Burns. 

In conversation with a gentleman at one of our 
principal, hotels, Friday night, the Virginian said 
Suttle's agent was here three weeks ago, and made 
his arrangements ; "but," said he, "his counsel 
in Washington, and leading men in Virginia, whom 
he consulted, led him to defer the arrest until the 
passage of the Nebraska bill. We wished to test 
the question, and see if the North will interfere 
with the execution of the Fugitive Slave law." 
He averred that the arrangements made at that 
time would have taken Burns away without the 
necessity of bringing him before the Commis- 
sioner; But they chose to make noise about it, in 
order to test Northern feeling and put this infa- 
mous measure into operation on the very sum- 
mit of the Nebraska outrage,- and a fund was 
raised in Virginia to defray Suttle's expenses. 
Take this to your thoughts, citizens of Massachu- 
setts ! The Plot is out. This proceeding was 
deliberately plotted as an outrage to your princi- 
ples and feelings. 

Saturday Morning, 10 o'clock. 
A large and rapidly increasing crowd surround 
the Court House. A detachment of United States 
marines (mostly Irishmen,) occupy the building. 
Some of the windows are garnished with small 
squads of them, curiously watching the crowd. 
We are told that Mayor Smith has ordered the U. 
S. Marshal to remove the fugitive from the build- 
ing, saying that "the Court House was not built 
for a Jail, and it shall not be used as such J" The. 



probability is that proceedings will be hurried 
through, and the fugitive taken over to the Navy 
Yard. 

Troops were brought up from fort Independence 
and arrived here about half past six o'clock this 
morning, in the steamer John W. Taylor. Depu- 
ty Marshal Riley was sent -after them. They are 
in command of Major S. C. Ridgleyand Lieuten- 
ants O. B. Wilcox and O. A. Mack. The Marines 
from the Navy Yard number about 50, and are in 
command of Lieut. Col. Dulaney, with Capt. J. C. 
Rich, 1st Lieut. Henry W. Queen, 2d Lieut, A. N. 
Balsar. 

The north-westerly door of the Court House, 
which was assaulted by the crowd last night, was 
broken by using a stick of timber as a battering ram I 
Pistols were fired from the door, and also from the 
windows of the Court House, and all our inform- 
ants aver that no shots were fired from the crowd 
around it outside. Those who were looking on 
and saw the whole affair, say that when Batcheller 
fell, the flash of a pistol was seen on the stairs 
behind him, and they think he was killed by this 
shot, carelessly directed by some one whose 
nerves were much excited. Coroner Smith will 
hold an inquest on the body, to-day. Oh, when 
will the government be delivered from this out- 
rageous despotism of the slave power and its un- 
constitutional and wicked laws ! The circumstan- 
ces that put the hunters on the track of this man, 
and brought them to Boston, are reported as fol- 
lows : — 

Soon after Burns' arrival here, as it now appears, 
he wrote a letter to his brother in Alexandria, who 
is also a slave of Mr. Suttles, stating that he was 
at work with Coffin Pitts, in Brattle street, clean- 
ing old.clothes. This letter he dated in "Boston," 
but sent it to Canada, where it was post-marked 
and sent according to the superscription, to Burns' 
brother, in Alexandria. As is the custom at the 
South, when letters are received directed to slaves, 
they are delivered to the owner of such slaves, who 
opens them and examines their contents. This 
appears to have been the case with Burns' letter, 
and by his own hand his place of retreat was dis- 
covered by his master. 

One o'clock, P. M. 
While the Marshal packs and desecrates the 
Court House with his friends and adherents— Cus- 
tom House officers, loafers and toadies, and all 
sucli creatures as slavery uses in the free States as 
bloodhpunds— admittance is refused to peaceable 
1 and respectable citizens. One of the most respect- 
! able gentlemen who went to the Court House thii 
morning, was savagely throttled and handled, white 
he was there in the most peaceable manner, and 
merely wished to enter. 

The infernal fugitive slave bill rules Boston 
Court House, tramples on our citizens, and, sui> 
rounded by its creatures with United States troope 
at their service, glares and gnashes its teeth at ua 
defiantly. One current of excitement among the 
people, produced by the appearance of the Irish 
military to support the kidnapping bill, led to th© 
following hand-bill which was circulated about the 
city, this morning :— 

AMERICANS TO THE RESCUE! 
Irishmen Under Arms ! 
Americans ! Sons of the Revolution ! ! A body 
Of seventy-five Irishmen, known as the " Colum- 
bian Artillery !" have volunteered their services 
to shoot down the citizens of Boston ! ! and are 
now under arms to defend Virginia in Kidnapping 
a citizen of Massachusetts ! ! Americans ! These 
Irishmen have called us "cowards ! and tons of 
cowards ! ! " Shall we submit to have onr citieens 
shot down by a set of vagabond Irishmen ? 

Wendell Philiips, on his passage into the Court 
House, this'morniug, was greeted with tremendous 



cheering by the immense concourse of citlaer 
that filled the square. This is an indication of thv 
depth of public sympathy in relation to this atro- 
cious outrage now perpetrating in our midst. 

Mayor Smith has issued a placard calling for the 
co-operatton of all good citizens in support of the 
law (!) &c. Does he mean the kidnapping law? 
Will he support the law of Massachusetts now 
I trampled upon by Watson Freeman and the cal- 
lous ruffians, and the liveried flunkies of the Gov- 
ernment who have made our Court House 
a slave pen, and who guard its doors with batons 
and bayonets? We trow not. 

About 10 o'clock, Chas. H. Nichols, Geo. Smith, 
E. D. Thayer, Wm. Jackson, John Noland, and 
John Jewell, three of them boys, were arrested for 
"attempting to create a disturbance." Complaint* 
have been made in the Police Court against the 
persons arrested last night, and they will be 
brought up for examination this afternoon. 

Between 10 and 11 o'clock the Mayor, attended 
' by Sheriff Eveleth, addressed the crowd from the 
steps of the Courfc House. He contradicted the 
rumor that had been circuited by some that the 
city authorities would not take any measures to 
preserve the public peace. On the contrary ho 
said the city authorities are determined to exert 
every means to prevent rioting. He entreated the 
crowd to disperse, assuring them that a large 
force of police and military were on duty, and had 
peremptory orders to quell all disturbance. la 
concluding he asked the crowd if they did not 
wish the reputation of the city maintained. 

It will be seen in our report of the examination, 
that further proceedings before the Commissioner 
have been postponed to Monday, at 11 o'clock. 

MONDAY, ,. MAY 29, 

James Batch^ldeb.^-A post mortem ex&minati on was 
had on the body of James Batchelder, Saturday, and 
the body was subsequently placed at the disposit ion of |j 
his relatives. Funeral ceremonies were held at t'ae late I 
residence of the deceased, in Front street, Charlestown, 
yesterday afternoon. The physicians who examined J 
the body, state that the wound was cansed by a sstab I 
and not, as has been stated, by a pistol shot. Coroner I 
Smith concludes an inquest to-day. 

The Garrisoned Slave Fen. i 

One of the papers stated that Boston Court 



Large ropes, instead'of chains, are now ei^ ' 
ed to fence out the people from the passages* 1 
the sides of the Court House ; and these ropa- 



House, Saturday morning, resembled a "be-! 
leagured fortress." It should have said "Bastile," i 
or "fortified slave pen." Some of the windows 
on the west side were broken, and the southwest- 
erly door showed abundant signs of the fierce con- 
test that took place there the night previous. To 
our readers at a distance it may be interesting to L 
give some description of this building. It is a 
large oblong structure, strongly built of hewn 
blocks of granite. It is four stories high above ! 
the basement, and the interior consists of rooms, j 
stairways, and narrow passages. Its north end' 
fronts on Court street, from which there are wide 
spaces on each side of it. Just south of the Court 
House is the City Hall, which fronts southerly on 
School street, with a well kept yard before it. 

The United States District Court has been per- 
mitted to hold its sessions in a room in the second 
story of the Court House, and, by virtue of this per- 
mission the government officials assume or take 
authority to use the building as a prison and 
fortress of the slave power,. We commend this 
fact to the sober attention of people of Massachu- 
setts. Does not a law of this State provide that 
our public buildings shall not be used as jails, by 
the officials of the general government? And are 
not our local authorities bound to execute this 
law? 



ricades are guarded by the Boston Police! !^ n 
Court House itself is garrisoned by United l& } 
troops, some of whom were quartered in the f< 
story and others in the second story, where S?| 
day and Sunday they were seen lounging a*' 
the windows, and gazing at the crowd in C j 
street. The poor fellow against whose liberty _J 
force is marshaled, could now and then be seeiL-i 
Sunday, looking from a third story window on f 
west side, in the room where he is held by the Wd 
shaland his aids. Such is one picture of m,- 
hunting in Boston. ^ 

The military of the city which has been call* 
out by the Mayor, was quartered in the City Hal; 
where they could be seen from the windows ye4 
terday. The documents will. explain how the^ 
were called into this service : — «| 

Commonwealth of Massachusetts. ^ 

Suffolk, ss. Boston, May 26th, 1854. 

To Col. Robert Cowdin, commanding the Fifth 
Regiment of Artillery of Massachusetts Volun- 
teer Militia. 

Whereas, it has been made to appear to me, J. 
V. C. Smith, Mayor of Boston, that there is threat- 
ened a tumult, riot and mob of a body of men, 
acting together by force with intent to offer vio- 
lence to persons and property, and by force and 
violence to break and resist the laws of this Com- 
monwealth, in the said County of Suffolk, and that 
Military Force is necessary to aid the civil author- 
ities in suppressing the same. 

Now therefore I command you that you cause 
two companies of Artillery armed and equipped, 
and with amunition as the law directs, and with 
proper officers attached, to be detailed by you to 
parade at said Boston, on this evening, at their 
respective armories, then and there to obey such 
orders as may be given them according to law. 
Hereof fail not at your peril, and have you there 
then this Warrant with your doings returned there- 
on. Witness my hand and the seal of the City of 
Boston, this twenty-sixth day of May, 1854. 

J. V. C. Smith, 
Mayor of the City of Boston. 

- 

Immediately upon the reception of the above 
document, Col. Cowdin issued the following or- 
der :— 

Head Quarters, 5th Reg. Art's 1st Brig., 2nd ) 
Div. M. V. M., Boston, May 26, 1854. J 
In obedience to a requisition from His Honor, J. 
V. C. Smith, Mayor of Boston, the Captains 
commanding ^Companies A and B, of this Regi- 
ment, will report with the companies under their 
command, at City Hall, forthwith, uniformed, arm- 
ed and equipped as the law directs for special duty, 
and there await further orders. 

Signed, Robert Cowdin, Col. 
Capts. of Companies A and B. 

Head Quarters 5th Reg., 1st Brig., 1st Div. ) 
M. V. M., Boston, May 27, 1854. J 
In obedience to Division and Brigade orders of 
this date,the commanders of companies composing 
this Regiment, will cause a detail of four privates, 
under command of a corporal, to assemble at their 
Armory, uniformed, armed and equipped as the 
law directs, for special guard duty, and there wait 
further orders. Per order, 

Robert Cowdin, Col. 
F. A. Heath, Adjt, 

Subsequently the Mayor issued his precept, 
similar to the one received by Col. Cowdin, to 
Maj. (Jen. Edmands, and the independent Cadets 

and Boston Light Infantry were detailed for du 
of the same kind 

It will be noticed that they are called out to su 
press "tumult, riot, and mob" by those who if] 
tend "to break and resist the laws of this Co: 
monwealth," and that they are "to obey su 
orders as may be given them according to law' 
We should like to know what law of this Comm / 
wealth authorizes or permits the Boston polic < 
serve as sentries for the garrison in that for'^ 






. 






slave pen, commonly called "Boston Court 
House." But here is a brave array of troops, 
marshals, police, and enlisted creatures of various 
sorts, — all on duty to crush out the freedom of a 
poor fellow, whose only crime is a decided repug- 
nance to slavery. The Sunday Despatch had the 
following : — 

"It may be a matter of interest to the riotously 
disposed to know that a force of 10,000 men could 
not rescue Burns. Every avenue in the Court 
House bristles with bay onets y and should an at- 
tack be made, the air would whirl with bullets. 
Those who desire one of the sort, had better try a 
little of the rescue game. 

"A despatch was received in this city, Saturday, 
from Washington, by the U. S. Marshal, directing 
him to have the fugitive slave trial carried through 
as promptly as possible, and the law executed to 
the letter. Also authorizing him to call upon all 
the United States troops in the vicinity for assist- 
ance, and if needed, to send to New York for rein- 
forcements. The Marshal responded that it 

SHOULD BE POKE !" 

"Send to New York for reinforcements!" The 

whole army and navy will probably be employed 

to get hold of this man and get him out of Boston. 

We met some Germans, yesterday, who had been 

taking a look at the Court House. They were 

much excited by what they saw, and one of them, 

pointing to the soldiers, said "and you call this a 

free country 1" One element of the excitement, 

Saturday! evening, is reported by the Gazette, as 

follows : — j 

It was rumored that the truckmen intended to 
make a "demonstration" for the especial benefit 
of Wendell Phillips, William Lloyd Garrison, 
Rev. Theodore Parker, and Swift, and so gen 
eral was the rumor and so currently believed, 
that numerous applications were made to the May- 
or to protect the persons and property of people in 
the vicinity of those houses. During this evening 
a number of men were seen to approach the 
dwellings of Messrs. Phillips and Parker and to 
read the name and number carefully and then to 
proceed ; but up to 12 o'clock there had been no 
violent demonstration. The Mayor had taken 
every precaution, having runners or courriers out 
in every direction who could furnish reliable in 
formation from any point in the city in less than 
five minutes. Capt. W. D. Eaton with 34 of the 
best men in the department were in readiness to 
be called into service at a moment's warning, and 
other men, — a large force were concealed and also 
ready for action. Suspicious persons wer« closely 
watched, but no violence was attempted. 



I the United States Commissioner advised him to 
keep it. Be on your guard against all lies. Watch 
the Slave Pen. Let every man attend the trial. 
Remember Monday morning, at 11 o'clock." 

! We stated, Saturday, that this man hunt in Bos- 
ton, was deliberately contrived and intended as an 
outrage to the principles ' -end feelings of men in 
the free States, to be perpetrated by way of jubilee 
over the passage of the Nebraska bill. This was 
said at one of our hotels, Friday evening, by a 
gentleman from Northern Virginia, and was told 
to us by the gentleman to whom he said it, and 
whom he seems to have mistaken for a Southern- 
er. The final refusal to sell the man plainly con- 
firms this statement. 



Suttle Refuses to Sell Burns. 
Mr. Parker, Suttle's counsel, stated before the 
Commissioner, Saturday, that he was willing to 
sell Burns "for his fair market value as a slave. 
Endeavors were accordingly made to rescue the 
man by paying the claimant's price for him. Sut- 
tle agreed to give him up for $1200. This sum was 
raised immediately; but then he averred that he 
must also have all the expenses paid ; and finally 
said he was counselled not to give the man up at 
any rate. We hear that the Commissioner advised 
him to conclude the arrangement for the sale that 
had been agreed on, and that Mr. Hallett used his 
inflnence to prevent it; and also that Suttle has re- 
ceived a despatch from Virginia, urging him to 
take the man back at any rate. The gentlemen 
who sought to buy off the claimant were in con- 
sultation on the subject until midnight, Saturday. 
When the result was known, the following hand- 
bill was put in circulation :— 

" THE MAN IS NOT BOUGHT ! 

He is still in the Slave Pen in the Court 

House. 

The kidnapper agreed, both publicly and in wri- 
ting, to sell him for $1200. The sum was raised 
by eminent Boston citizens, and offered him. He 
then claimed mere. The bargain was broken. 
The kidnapper breaks his agreement, though even 



Services at the Mnaic Hall. 

There was an immense audience at the Music 
Hall, yesterday, to hear Rev. Theodore Parker. 
There was a general expectation that he would 
have a "Lesson for the Day," and that vast hall, 
with its double tier of galleries, could not contain 
all the people who sought admittance. Mr. Par- 
ker delivered a short extempore discourse on the 
subject uppermost in all minds, which we give in 
full. He then delivered a short discourse on 
another subject. When he rose to pray he read 
the following : — 

"ANTHONY BURNS, now in prison, and in 
danger of being sent into slavery, most earnestly 
asks your prayers, and that of your congregation, 
that God would remember him in his great dis- 
tress, and deliver Mm from this peril. 

"From Rev. Mr. Grimes, and Deacon Pitts, at 
Bums' special request." 

He said, in substance, (we can not give hia lan- 
guage precisely,) that this was the old form for 
such requests, but he did not like it. It seemed to 
ask God to do our duty. God was never back- 
ward to do his work, and we should do ours. He 
could not ask God to work a miracle to deliver 
Anthony Burns; although if He should see fit to 
do so it should be accepted with proper sentiments 
of reverence and gratitude. He had received the 
same request in another form, which he liked bet- 
ter, and read as follows : — 

" To all the Christian Ministers of the Church ^qf 
Christ in Boston: — 

Brothers, — I venture humbly to ask an interest 
in your prayers and those of your congregations, 
that I may be restored to the natural and inalien- 
able rights with which I am endowed by the 
creator, and especially to the enjoyment of the 
blessings of liberty, which, it is said, this govern- 
ment was ordained to secure. 

The discourse which followed his " Lesson for 
the Day," was on the war now agitating Europe, 
and the rapacious and unprincipled spirit of the 
men who would hurry us into another war to ag- 
grandize the slave power, but he had some allu- 
sions to the present state of things ;in Boston. 
Here is one of them: — 

" Boston is in a state of siege to-day. We are 
living under military rule, in order that we may 
serve the spirit of Slavery, and Boston is hunting 
ground for the South who respects us so much! 
Our Nicholas is a Virginia kidnapper. Our ruler 
is a Judge of Probate." 

The Pulpit and the Slave. — The Sunday 

Dispatch published an extra yesterday afternoon, 

stating that several clergymen, in • view of the 

present excitement, "denounce slavery and its 

practices, and sustained the execution of the laws," 

and named among the number Mr. Kirk. Now it 
so happens that Mr. Kirk did not preach in Bos- 
ton yesterday. The young man who supplied his 
pulpit prayed fervently and preached eloquently 
against the infamous causes for the imprisonment 
of poor Burns, now confined in the Suffolk Bas- 
tile. The Rev. Mr. Miner also praved and preached 
against the infernal Fugitive Slave law. The Rev. 



Boston Slave Pen, 

May 24, 1854. J ANTHONY BURNS." 



Mr. King, of Hollis Street Church, is cnarged with 
'having sympathized with the slave catchers. We 
don't believe the charge. * 

Kidnappers' Body, Guard. — It is reported 
a company of the lowest and basest men that can 
be raked from the dregs of the city — bullies, pimps 
and other "lewd fellows of the baser sort," has 
been organized to assist the man-hunters in carry- 
ing off Burns, when he shall be delivered up to 
them by the Commissioner. They are supplied 
with money, rum, &c, and, it is said, evidently 
feel as great and good as the fugitive slave bill it- 
self, and fit associates for the best and most dis- 
tinguished of its ministers. Some of this frater- 
nity are now on duty under the Marshal, as special 



A IiESSOX FOR THE DAY. 

Delivered at the Music Hall, Sunday, 






May 28th, 1854, 



By REV. THEODORE PARKER. 

[Phonographic report by Messrs. Slack and Yerrinton.] 

I see by the face of each one of you, as well as 
by the number of all, what is expected of me to- 
day. A young man, some time since, sent me a 
request, asking me, can not you extemporize a 
sermon for this day? It is easier to do than not 
to do it. But I shall not extemporize a sermon for 
to-day— I shall extemporize the scripture. I shall 
therefore pass by the Bible words, which I designed 
to read from the Old Testament and the New, and 
shall take the morning lesson from the circumstan- 
ces of the past week. The time has not come for 
me to preach a sermon on the great wrong that is 
now enacting in this city. The deed is not done; 
any counsel I have to offer is better given else- 
where than here, at another time than now. 
Neither you nor I are quite calm enough to-day to 
look the matter fairly in the face, and see entirely 
what it means. I had proposed to preach this 
morning, ("before the events of the past week took 
place,) on the subject of War, taking my theme 
from the present commotions in Europe, which 
also will reach us, and have already. That will 
presently be the theme of my morning's sermon. 
Next Sunday I shall preach on the perils into 
which America is brought at this day. 
That is the theme for next Sunday : the other is 
for to-day. But before I proceed to that, I have 
some words to say in place of the Scripture lessor 
after the fashion of the Old Testament prophets. 

Since last we came together, there has been a 
mjln stolen in this city of our fathers. It is not 
the first, it may not be the last. He is now in the 
great slave pen of the city of Boston. He is there, 
if I understand it aright, against the law of the 
Commonwealth, which, if am rightly inrbrmed, 
prohibits the use of State edifices as United States 
jails— I may be mistaken. .Any forcible attempt 
to take him from that barracoon of Boston, 
would be wholly without use. For, besides the 
holiday soldiers that belong to the city of Boston, 
and are ready to shoot down their brothers in a 
just cause, or in an unjust cause, any day when 
the city government gives them its command and 
its liquor, I understand there are one hundred and 
eighty-four marines lodged in the Court House, 
every man of them furnished with a musket and a 
bayonet, with his side arms and twenty -four ball 
cartridges. They are stationed also, in a building 
very strong, and where five mefr, in a passage-way 
half the width of this pulpit, can defend it against 
five and twenty, or five hundred. To keep the 
peace, the Mayor, who, the other day, regretted 
the arrest of our brother, Anthony Burns, and de- 
clared that his sympathies were wholly with the 
alleged fugitive — and of course wholly against the 
claimant and the Marshal — in order to keep the 
oeace of the city, the Mayor must become corpo- 
ral of the guard for the kidnappers. He must 
Iceep the peace of our city and defend these guests 
of Boston over the graves, the unmonumented 
graves of John Hancock and Samuel Adams. 

A man has been killed by violence. Some say 
he was killed by his own coadjutors. I could 
easily believe it. There is evidence enough that 
chat they were greatly frightened. These were 
not United States soldiers, but volunteers from 



1 



( the streets or Boston, who, for their pay 
went into the Court House to assist in kidnapping 
t a brother man. They, I say, were so cowardly 
j that they could not use the simple cutlasses thmi 
had in their hands, but smote right and left, like 
ignorant and frightened ruffians, as they were. 
They may have slain their brother Jor not— I can 
not tell. It is said by some that they killed him. 
Another story is that he was killed by a hostile 
hand from without. Some said by a bullet, some 
by an axe, and othen yet by a knife. As yet no- 
body knows the facts. But a man has been killed. 
Be Was a volunteer in this service. He liked the 
business of enslaving a man, and has gone to ren- 
der an account to God for his gratuitous work. 
Twelve men have been arrested and are now in 
jail to await their trial for wilful murder! 

Here, then, is one man butchered, and twelve 
men brought in peril of their lives. Why is this? 
Whose fault is it? Some eight years ago, a Bos- 
ton merchant, by his mercenaries, kidnapped a 
man between this city and Old Quincy, and car-: 
ried him off. Boston mechanics, the next day, 
held up the half-eagles which they received as 
their pay for kidnapping a man. The matter was 
brought before the Grand Jury for the County of 
Suffolk, and abundant evidence was presented, as 
I understand, but they found "no bill." A wealthy 
merchant, in the name of trade, had stolen a black 
man, who, on board a ship, had come to this city, 
had been seized by the mercenaries of this mer- 
chant, kept by them for a while, and then when 
he escaped, kidnapped a second time in the city 
of Boiton. That was one thing. Boston did not 
punish the deed; the merchant lost no "personal 
popularity." 

The Fugitive Slave bill was presented to us, and 
Boston rose up to welcome it. The greatest man 
in all the North ci me here, and in this city told 
Massachusetts she must obey the Fugitive Slave, 
bill "with alacrity"— that we must all " conquer 
our prejudices" in favor of justice and the unalien- 
able rights of man. Boston "conquered her pre- 
judices" in favor of justice and the unalienable 
rights of man. Do you not remember the meet- 
ing that was held in Faneuil Hall, when a "politi- 
cal soldier of fortune" sometimes called "the Dem- 
ocratic Prince of the Devil," howled at the idea? 
that there was no law of God higher than the- 
Fugitive Slave bill. He sneered and asked, willjjyouj 
have the " Higher Law of God" to rule over you' | 
and the multitude that occupied the floor an(.y 
the multitude that crowded the galleries howled 
down the higher law of God! They treated th $ 
higher law to a laugh and a howl ! That wa, tf j 
Tuesday night. It was the Tuesday befoibj 
Thanksgiving day. On that Thanksgiving day.o 
told the congregation that the men who howh r 
down the higher law of Almighty God had gm 
Almighty God to settle with ; that they had so^j 
the wind and would reap the whirlwind. At th J 
meeting Mr. Choate told the people "REMEIa 
BER! Remember! Remember!" Then nobool 
knew what to "remember." Now you kno\f 
That is the state of that case. ■ 

Then you "REMEMBER" the kidnappers can; 
here to seize Thomas Sims. Thomas Sims' tot 
seized. Nine days he was on trial for more th/ 
his life, and never saw a judge — never saw a jur er 
He was sent back into bondage from the city oe 
Boston. You remember the chains that were pu 1 
around the court-house; you "remember" th£ 
judges of Massachusetts stooping, crouching, 
creeping, crawling under the chain of slavery, *r 
order to get to their own courts. All these thin^ 
you " remember." Boston was non-resistanii 
She gave her "back to the smiters" — from tt<l 
South; she "withheld not her cheek"— from th^ 
scorn of South Carolina, and welcomed th' 
"spitting" of kidnappers from Georgia and Viri 
ginia. Now we are having our pay for it. To-da;, r ( 
we have our pay for that conduct. You have no-i 
forgotten the " fifteen hundred gentlemen of pro 
perty and standing," who volunteered to conduc^ 
Mr. Sims to slavery,— Marshal Tukey's "gentle j 
men." They "remember" it. They are sorry 
enough now. Let us forgive — we need not forget.? 
REMEMBER! Remember! Bemember! 

The Nebraska bill has just now been passed 
Who passed it? The fifteen hundred "gentlemen^ 
of property and standing" in Boston, who, id 
1851, volunteered to carry Thomas Sims into slaj 
very by force of arms. They passed the Nebraskr 
bill. If Boston had punished the kidnapper o, 
1845. there would have been no Fugitive Slave bil <| 



in 1850. If Massachusetts m 1SOO had deciarea 
the bill should not be executed, the kidnapper 
would never have shown his face in the streets of 
Boston. If, failing this, Boston had said, in 1851, 
"Thomas Sims shall not be carried off, and forci- 
bly or peacefully, by the majesty of the great mass 
of men, had resisted it, no kidnapper would have 
come here again. There would have been no Ne- 
braska bill. But to every demand of the slave 
power Massachusetts has said, "Yes ! yes ! — we 
grant it all!" "Agitation must cease I" "Save the 
Union!" 

Southern slavery is an institution that is in ear- 
nest. Northern Freedom is an institution that is 
not in earnest. It was in earnest .in '76 and '83. 
ilit has not been in earnest since. The Compro- 
mises are but provisional. Slavery is the only 
finality. Now, since the Nebraska bill is passed, 
an attempt is made to add insult to insult, injury 
to injury. There was a fugitive slave case at 
Syracuse this last week; at New York, a brother 
of Rev. Dr. Pennington, an established clergyman 
of large reputation, great character, acknowledged 
learning, who has his diploma from the University 
of Heidelburg, in Germany,— a more honorable 
source than that from which any clergyman in 
Massachusetts ever received his, — his brother and 
two nephews were kidnapped in New York, and 
without any trial, without any defence, were hur- 
ried off into bondage. Then at Boston, you know 
what was done in the last four days. Behold the 
consequences of the doctrine that there is no 
"higher law." Look at Boston, to-day. There 
are no chains around your court house — there are 
ropes around it. A hundred and eighty-four United 
States soldiers are there. They are, I am told, 
mostly foreigners— the scum' of the earth, none 
but such enter into armies, as common soldiers, in 
a country like ours. I say it with pity — they are 
not to blame for having been born where they were 
and what they are. I pity the scum as well as I 
pity the mass of men. The accident of birth kept 
you and me from being among that same scum. 
The soldiers are there, I say, and their trade is to 
kill. Why is this so ? 

You remember the meeting at Faneuil Hall, last 
Friday — when even the words of my friend Wen- 
dell Phillips, the most eloquent words that get 
spoken in America, in this century, hardly pre- 
vailed^upon the multitude from going, and by vio- 
lence attempting to storm the Court House. What 
stirred them up ? It was the spirit of our fathers — 
the spirit of justice and liberty in your heart, and 
in my heart, and in the heart of all of us. Some- 
times it gets the better of a man's prudence, es- 
pecially on occasions like this, and so excited was 
hat assembly of four or five thousand men, that 

even the words of eloquent Wendell Phillips could 
hardly restrain them from going at once rashly to 
the Court House and tearing it to the ground. 

Boston is the most peaceful of cities. Why? 
Because we have commonly had a place that was 
worth keeping. No city respects laws so much. 
Because the laws have been made by the people, 
for the people, and are laws which respect justice. 
; Here is a law which the people would not keep. 
1 It is a law of our Southern masters, a law not fit 
to keep. 

Why is Boston in this confusion to-day? The 
Fugitive Slave bill Commissioner has just now 
been sowing the wind, that we may reap the 
whirlwind. The old Fugitive Slave bill Commis- 
sioner stands back; he has gone to look after his 
" personal popularity." But when Commissioner 
Curtis does not dare appear in this matter, another 
man comes forward, and for the first time seeks to 
lddnap his man in the city of Boston. Judge Lor- 
ing is a man whom I respected and honored. His 
private life is wholly blameless, so far as I know. 
He has been, I think, uniformly beloved. His 
character has entitled him to the esteem of his 
fellow citizens. I have known him somewhat. I 
never heard a mean word from him — many good 
words. He was once the law partner of Horace 
Mann, and learned humanity- of a great teacher — 
have respected him a good deal. He is a re- 
\spectable man — in the Boston sense of that 
word, and in a much higher sense: at least, 
I thought so. He is a kind-hearted, charitable 
man; a good neighbor; a fast friend— when poli- 
tics do not interferec; haritable with his purse; an j 
excellent husband; a kind father; a good relative. ! 
And I should as soon have expected that venera- , 
ble man who sits before me, born before your ! 
Revolution (Samuel Mat]— I should as soon have 



expected him to go and kidnap Robert Morris, or 
any other of the colored men I see around me, as 
1 should have expected Judge Loring to do this 
thing. But ho has sown the wind, and we are 
reaping tbe whirlwind. I need not say what I now 
think of him. He is to act to-morrow, and may 
yet act like a man. Let us wait and see. Perhaps 
there is manhood in him yet. But, my fnends, all 
this confusion is his work. He knew he was 
stealing a man, born with the same right to life, 
liberty and the pursuit of happiness as himself. 
He knew the slaveholder* had no more right to 
Anthony Bnrns than to his own daughter. He 
knew the consequences of stealing a man in Bos- 
ton. He knew that there are men in Boston 
who have not yet conquered their prejudices— 
men who respect the Higher Law of God. He 
knew there would be a meeting at Faneuil Hall— 
gatherings in the street. He knew there would 
be violence. 

Edward Greeley Lorikg, Judge of Probate 
for the County of Suffolk, in the State of Massa- 
chusetts, Fugitive Slave Bill Commissioner of the 
United States, before these citizens of Boston, on 
Ascension Sunday, assembled to worship God, I 
charge you with the death of that man who was 
murdered on last Friday night. He was your fel- 
low servant in kidnapping. He dies at your hand. 
You fired the shot which makes his wife a widow, 
his child an orphan. I charge you with the peril 
of twelve men, arrested for murder and on trial 
for their lives ; I charge you with .filling the Court 
House with one hundred and eighty-four hired 
ruffians of the United States, and alarming not 
only this city for her liberties that are in peril, but 
stirring up the whole Commonwealth of Massa- 
chusetts with indignation, which no man knows 
how to stop— which no.man can stop. You have 
done it all ! 

This is my le sson for the day. 

Services at the Music Hall* 

There was an immense audience at the Music 
Hall, yesterday, to hear Rev. Theodore Parker. 
There was a general expectation that he would 
have a "Lesson for the Day," and that yast hall, 
with its double tier of galleries, could not contain 
all the people who sought admittance. Mr. Par- 
ker delivered a short extempore discourse on the 
subject uppermost in all minds, which we give in 
full. He then delivered a short discourse on 
another subject. When he rose to pray he read 
the following : — 

" ANTHONY BURNS, now in prison, and in | 
danger of being sent into slavery, most earnestly 
asks .your prayers, and that of your congregation, 
that God would remember him in his great dis- 
tress, and deliver him from this peril. 

"From Rev. Mr. Grimes, and Deacon Pitts, at 
Burns' special request." 

He said, in substance, (we can not give his lan- 
guage precisely,) that this was the old form for 
such requests, but he did not like it. It seemed to 
ask God to do our duty. God was never back- 
ward to do his work, and we should do ours. He 
could not ask God to work a miracle to deliver 
Anthony Burns ; although if He should see fit to 
do so it should be accepted with proper sentiments 
of reverence and gratitude. He had received the 
same request in another form, which he liked bet- 
ter, and read as follows : — 
" To all the Christian Ministers of the Church of 

Christ in Boston: — 

Brothers, — I venture humbly to ask an interest 
in your prayers and those of your congregations, 
that I may be restored to the natural and inalien- 
able rights with which I am endowed by the 
creator, and especially to the enjoyment of the 
blessings of liberty, which, it is said, this govern- 
ment was ordained to secure. 
Boston Slave Pen, { 

May 24, 1854. \ ANTHONY BURNS." 

The discourse which followed his " Lesson for 
the Day," was on the war now agitating Europe, 
and the rapacious and unprincipled spirit of the 
men who would hurry us into another war to ag- 
grandize the slave power, but he had some allu- 
sions to the present state of things in Boston. 



TT „ {„ 



»/> /-.^ -"-T 



MONDAY EVENING, MAY 20, 1854. 

C^ 3 " Handbills have been widely circulated and 



in the blood of James Bacheldm- iw -♦• 

more glfy than another Ke^ 

Jl!S^. t . hlS ' s !? tra « ed ymay b« a serious 

are 



rZTi^l^^ 8 ' «* «»t those wTo 



posted up in the various towns in the vicinity of in the habit of listening- to' and «? Z- 

Boston, and in Lynn, Salem, Worcester and other - their inflammatory 3, Si m^^ hj 

distant Glares, inviting "the veomanrv of New «««,«!« L,^ ^_ ailm ? s ' Wlli atleas * follow the 



distant places, inviting " the yeomanry of New 
England " to come in by the early trains to Bos- 
ton on Monday, and rally in Court Square, to 
".lend the moral_weight of your presence andfthe 
aid of your counsel, to the friends of justice and 
humanity in the city." Many unthinking person's 
have responded to this- appeal and are in Court 
Square, helping to swell the mob which has there 
gathered. We do not know that any further un- 
lawful attempt is to be made to rescue the fugitive 
Burns. We hope that the bloodshed of Friday night 
and the opportunity which has since been afforded 
for deliberate reflection, has calmed the heated 
passiojas of those who have incited to riot, and that 
wiser counsels now prevail. But if our hopes 
•should prove unfounded— if the sanguinary coun- 
sels of the speakers in Faneuil Hall are to be acted 
upon by their deluded followers— we would most 
earnestly appeal* to every good citizen— every | 
friend of order and every one who respects the 
laws— to keep away from Court Square. Remem- 
ber that those who are drawn together by curi- 
osity do indeed " lend the moral weight of 
their presence " to deeds of lawless violence. — 
Bemembp- that any attempt to rescue Burns by 
ibrcible means is hopeless. He is surrounded by a 
wall of bristling bavonets and of guns loaded with 
powder and ball. Not only the United States 
troops, but the citizen soldiery, will do their duty. 
An attack upon the officers of the law, support- 
ed by .such a force, would be not only profitless 
but fool-hardy, and the consequences would inev- 
itably be deplorable. 

• We say, most earnestly, to those who are attract- 
ed by mere curiosity and who do not sympathise 
with the law-breakers, that if bloodshed occurs you 
may be the first victims, and if you escape, to the 
extent that your presence gives encouragement to 
the evil disposed you will be accessory to the death of 
those who fall. We repeat, — let every good citizen 
go quietly about his business, and leave the avenues 
leading to the Court House to the evil disposed and 
riotous. 

" Edward Greeley Loring 5 Judge of Probate for the 
County of Suffolk, in the State of Massachusetts, Fugi- 
tive Slave Bill Commissioner of the United States, be- ! 
fore these citizeus of Bcston, on Ascension Sunday, as- 
sembled to worship God, I charge you with the death 
of that man who was murdered on last Friday night. — 
He was your fellow servant in kidnapping. He dies at j 
your hand. You fired the shot which makes his wife ?. I 
widow, his child an orphan. 1 ' 

The above we extract from a report of the in- 
flammatory sermon ( !) delivered by the Rev. Tlieo- , 
dore Parker yesterday, before his congregation iu 
the new Music Hall. Let us see where rests the j 
responsibility, before God and man, for this mur- 
der. In one position we probably agree with Mr. 
Parker. It was not the person who, in a moment 
of intense excitement, inflicted the fatal stab upon ' 
the person of James Batchelder, who is responsible 
for this deed. But it is the men who artfully injlam- ' 
ed hi» passions and then left him to their uncontrolled 
^exercise. It is they alone who are guilty of mur- 
der, and they alone who — here or hereafter — must 
answer for the unhallowed deed. The law may 
not be able to reach them, but public opinion will, 
and their own consciences— when they find time to 
listen to them— will say to each and every one of \ 
them, when the question is asked " who is guilty 



example which they set them on 
retiring quietly to bed after their 
instead of joining the 
deeds of violence. 



the 
Friday night, of 
speeches were oyer 
mob they had incited to' 



D^* We are requested to state that the report 
that George T. Curtis, Esq. has declined to act as 
united States Commissioner in cases arising un- 
der the act for the surrender of fugitives, is with- 
out foundation. He has not resigned the office of 
United States Commissioner, and will shrink from 
the performance of no duty which is requil .ed of 

tolpport. ° f thG IaUd ' Whic * he has s ™ ra 
We are happy to announce that there has ueen 
no repetition of the scenes of violence enacted on 
Friday evening, at the Court House. The firmness 
of the authorities, together with the presence of a 
large body of military, has sufficed to keep the 
riotously disposed in order, and although hosts of 
people have been at all times in the vicinity of 
Court square, there has been no outbreak. Our 

j reporters furnish us with the following record of 
facts and incidents connected with the affair since 
our issue of Saturday evening. 



The Latest Particulars— Arrestti* Incidents; 

ftc. 

Throughout Saturday afternoon great excitement 
prevailed in Court Square, the crowd numbering sev- 
eral thousands, although about 4 o'clock the number 
was evidently less than at any other period. 

John C. Cluer was arrested in Court street, near the 
Court House, shout 3 o'clock Saturday afternoon, by 
Constable Spoor, on a warrant from the Police Court, 
charging him, with ten others, with the murder of 
James Batchelder, and was committed to jail to await 
an examination, which will probably take place to- 
morrow. John Morrison was also arrested and com- 
mitted on the same charge. These, we believe, make 
eleven of the rioters who are charged with the murder. 

Saturday forenoon, a middle aged woman, named 
Hinckley, well d-ressed in black, and of very reputa- 
ble demeanor, posted herself near the easterly en- 
trance of the Court House, and demanded admission, 
but the officers on duty politely refused compliance 
with her demand. She continued to maintain her po- 
sition for two or three hours, demanding admission, 
but all to no purpose. The officers declared this to be 
the most persevering and remarkable case of feminine 
curiosity which had ever fallen under their observa- 
tion. Having exhausted her vocabulary of argument, 
and finding there was "no use in knocking at, .the 
door," she quietly left the Square. 

As Mr. William C. Fay was conversing in the Square 
with a friend, about half past five o'clock Saturday, 
P. M., a stalwart colored man named Nelson Hopewell, 
(who by his previous actions had ■ attracted the atten- 
tion of the officers) interfered, and aimed a blow at 
Mr. Fay. Officer Tarleton instantly seized Hopewell, 
and a violent tussle ensued for a moment, when both 
tell to the ground. Officers J. H. Riley, Cheswell, and 
Sogers, came to the rescue 1 , and Hopewell was hurried 
to the watch bouse, Mr. Tarleton retaining his hold of 
him throughout. Hopewell had a belt around his 
body, and attached to the belt, was a leather sheath 
which held an African knife, called a creese, the blade 
to which is some ten inches long, curved and slender, 
and bore upon it distinct stains of blood. 

It appears from the post mortem examination of the 
body of the unfortunate Batchelder, that he was not 
killed by a pistol shot, but that the mortal wound was 
inflicted by a long and sharp instrument, near the 
groin, penetrating the body six or seven inches, and 
Of murder ?"— " Thou art the man" severing the main arteries. The creese is capable of in- 

There was not a man on the rostrum of Faneuil 'flicting just such a wound as Mr. Batchelder received, 
Hall on Friday evening, whose hands are not dyed [but there is no testimony yet made known which con- 
nects Hopewell with the outrage of Friday night. 



* 



nes. 

About half past seven o'clock Saturday evening, Chief 
of Police Taylor, and Deputy Chief Ham, with a strong 
force of officers, commenced clearing the Square, and 
very shortly, and -without disturbance, the work was 
accomplished. Ropes were stretched "across each av- 
enue leading to the square, and officers were stationed 
to prevent all persons excepting such as had special j 
business within the square, from pasling inside of the 
lines. Many who had composed the crowd gradually 
withdrew, and at half past ten o'clock, P. M., but a few 
hundred persons remained in the vicinity, and many 
of these were colored people of both sexes, but at a la- 
ter hour thSy also retired peaceably to their homes. 

Mayor Smith remained at City Hall during the fore 
part of Saturday night, superintending the measures 
adopted to preserve the peace. 

The Chief of Police and his Deputy, together with 
their under officers, have, through the whole affair, thus 
far, been unceasing in their arduous duties, and have 
proved themselves men of nerve and officers of deter- 
mination in the faithful and prompt discharge of their 
duties. The whole Police Department were on duty 
through the night, ready for any emergency. Satur- 
day evening, Lewis Osgood, Thomas Farretty, James 
Bellows, (upon whom was found a dirk knife), Joseph 
Brown, James Cunningham and Charles H. Crickney 
were arrested for riotous conduct in front of the Court 
House, and were committed to jail. Since nine o'clock 
on Friday and up to 12 o'clock on Saturday night, fif- 
ty persons were arrested and placed in the centre 
watch-house, and. with few exceptions, the arrests were 
made for riotous and disorderly conduct about the 
Court House. Seventeen of those arrested were com- 
mitted to jail— the others being discharged after a short 
imprisonment. 

Owing to a report which gained currency on Satur- 
day afternoon, to the effect that an attack was to be 
made that evening on the residences of Thaodore Par- 
ker, 1 Essex place, and Wendell Phillips, 26 Essex sc, 
quite a number of persons, probably from motives of 
curiosity, slowly passed and re-passed Essex street dur- 
ing the evening until a late hour, but no attempt was 
made at a breach of the peace. This- is but one of the 
many groundless rumors which have prevailed since 
Saturday noon. 

Between 12 and one o'clock on Saturday night, as a 
carriage containing Hon. B. F. Hallett and his son Hen- 
ry L. Hallett, was passing up School street, two color- 
ed men were observed following and closely watching 
it. They soon hailed the driver, and the carriage was 
stopped. Deputy Chief Ham and officer Pritchard 
were close at hand, and upon being observed by the 
negroes, the latter took to their heels. The Messrs. 
Hallett alighted from the carriage, and were accompa- 
nied home by Deputy Ham, while officer Pritchard 
gave chase to the negroes, and succeeded in arresting 
one of them, but he was subsequently discharged from 
custody. • The man gave his name as James Palm. 

U. S. Marshal Freeman has received a telegraphic 
despatch from the President of the United States, to 
the effect that he (the Marshal) had performed his duty, 
and instructing him to continue so to do. 



Proposal f© obtain Burns's Freedom* 

The following is a copy of a document which was 
drawn up in the office of U. S. Commissioner Loring 
on Saturday evening, and subscribed to by several 
prominent merchants and other citizens :— 

Boston, May 27th, 1854. 

" We, the undersigned, agree to pay Anthony Burns, 
or order, the sum set against our respective names, for 
the purpose of enabling" him to obtain his freedom from 
the United States Government, in the hands of whose 
officers he is now held as a slave." 

Some of the subscribers signed the document ouly on 
condition that the bargain should be* fully consum- 
mated that night. Mr. Suttle, the owner of Burns, 
had previously agreed to accept the sum of $1200 in 
cash as the price of Burns, on condition that some 
matters relative to the costs appertaining to the case 
should be adjusted between the signers and the U. S. 
Marshal that night, and also that the money should be 
paid to him that night before the hour of twelve o'- 
clock. So far the parties were agreed, but twelve o'- 
clock came round and the conditions were not com- 
plied with. 

It is stated that Mr. Suttle was offered two checks for 
the amount, but declined accepting them, for the rea- 
son that the matter relative to the costs had not been 
arranged with the marshal by the signers, and that he 
had no assurance that the payment of the checks would 
not be stopped before the opening of the banks this 
morning; and further, he had no guarantee that he 



should not be troubled with further arrests. As tne 
matter now stands, Mr. Suttle considers the negotia- 
tion, so far as it was made on Saturday evening, entire- 
ly null and void. 

Court Square was kept clear of any crowd yesterday, 
the Police maintaining the lines at each avenue lead- 
ing thereto. Throughout the day,, several hundred 
persons were collected in Court street in front of the 
Court House, and at times there were scarcely two 
hundred persons within sight of the Square. At night- 
fall, those that had had their curiosity fully gratified, 
left the scene, and at nine o'clock but very few re- 
mained, and an hour later, most of those had gone to 
their homes. No arrests for breach of the peace or dis- 
turbance of any kind in the vicinity of the Square 
were made during the day. 

The Union Guards remained at City Hall through 



last night, and the two other companies attached to 
the 3d Battalion Light Infantry, Maj. Burbank— the 
National Guard and the Sarsfield Guard— were under 
arms last night at their armories. This morning these 
three companies will be relieved by three others from 
the 1st Regiment Light Infantry. 

At a late hour last night all was quiet. 

Many, and we presume all, of the clergymen, referred 
to the unusual excitement in the citv in their prayers 

yesterday, supplicating the Divine blessing tipoh the | 
fugitive Burns, not forgetting him who met his death I 
in the discharge of his duty. 

All was quiet in the vicinity of the Court House 
throughout last night, and has remained comparative- 
ly so this forenoon, no arrests for disorderly conduct 
or other offences having been made. 

The woman, Hinckley, who we have already noticed, 
re-appeared this morning and urged in vain her right 
to admission inside of the Court House. She left ap- 
parently disgusted with the officers. 

At about noon considerable cheering was heard in 
Court Square. It proved to have been occasioned by 
the arrival of a band of men, numbering perhaps 200, 
bearing a banner on which was inscribed " Worcester 
Freedom Club." They marched up Court street, into 
Court Square, and around the Court House, and from 
thence toward the west part of the city. It was a mixed 
dub, many of the number being colored individuals, 
and some of them must have found themselves 
in strange company. A few moments after they 
left the Square, all was as quiet as previous to their 
appearance. 

About one o'clock this afternoon a " gentleman from 
1he country," as he termed himself* was arrested in 
front of the Court House and taken to Police Station 
No 1, Williams' Court. He had imbibed so freely of 
intoxicating drink, as to be unable to take care of him- 
self, so the Police kindly placed him where he could be- 
come sober. 

We understand that the Bay State Club have tender- 
ed the U. S. Marshal 1500 men, to enforce the law. 

A meeting composed principally of individuals from 
the country, is now(l| o'clock P. M.) in session in 
Meonaon Hall, over which Dr. — Mitchell, of Worces- 
ter, is presiding. 

Wm. Lloyd Garrison and others of similar stamp 
have mfede inflammatory addresses. A Mr. Hanscom, 
who created such, an excitement in New Bedford a 
year or two ago, stated that a writ of replevin, or ha- 
beas corpus, to take the fugitive Burns out of the 
custody of the U. S. Marshal, had been placed in the 
hands of one of the Coroners' of Suffolk, who would 
1 serve it, provided he could obtain sufficient force to aid 
him. 

The Speaker was evidently much excited, and called 
for volunteers to aid the said Coroner. A large num- 
ber of the persons present signified their willingness by 
rising from their seats, but subsequently, when Mr. 
Hanscom called upon them to " walk up to the rostrum 
and enroll their names," very few obeyed the call. 

Mr. Hanscom also -ntimated that a select and secret 
Committee was in secret session in an ante-^oom, but 
declined giving the names of the Committee, when 
publicly requested so to do. 

Cheers were given for various individual, among 
whom was his Excellency Gov, Washburn, for whom 
six cheers were given, upon the assurance fiom the 
Chairman that that functionary was with them in 
spirit and sentiment. 

At 2 o'clock this afternoon, all remained quiet about 
the Court House, although the crowd numbers some 
1 thousands. , 



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The Fugitive Slate Excitement. — We | 
have endeavored to lay before our readers a trae 
and faithful account of the events which have oc- 
curred here within the last three days, connected 
with tin: arrest and examination of an alleged 
fugitive from slavery, named Anthony Barns. 
Ihe popular excitement still continues; and at 
the-m^fttifc moment, as the examination is pro- 
gressing, a dense crowd is gathered about the 
Court House, actuated chiefly; as we presume, by 
motives of curiosity, but in respect to many, no 
doubt, by a desire, and a determination if circam- 
giances should favor it, to resist even by violence 
the operation of the lav. It is observe! that 
•many — perhaps the larger portion— of this crowd 
aie strangers. While bur own citizens, a^ a gen- 
eral thing are properly engaged in their custom- 
ary, -vocations, means have "o^ea taken elsewhere 
ar;d particularly in Worcester, to induce people to 
lay aside their business and eotne to the city, to 
add fuel to the flame of excitement here, 
Meonwhile, the U, States snd the City authori- 
ties have taken such steps as it is to be hoped will 
cheek any further violence. The U. States armed 
forces which have been called in, are to aid di- 
rectly in the execution of the law. The precau- 
tionary measures taken -by the city authorities 
are to preserve the peace of the city, by 
whonipoever it may be disturbed. In addi- 
tion to the ordinary police, a military force ; un- 
der the direction of Maj. Gen. Edmands, will be 
available for prompt and efficient service, if ua- 
foiuuriately such service should be needed. — 
Cheated as we have been by the South, aud grat- 
ir g as is the duty of acquiescense in ttws odious 
law, we earnestly hope that no violence will attend 
its execution. 

It is rot by lawless violence and bloodshed that 
we can manifest the deep indignation which per- 
vades the public mind, at the recent act of treach- 
ery on the part. of tee South, in repudiating their 
part of a solemn compromise, and in leaving us. 
to fulfil, at the hazard of our 'own honor, the h,ate_ 
ful agreement to which wc had bound ourselves 
in the vain hope of a final adjustment of the 
threatening controversies between the free acd 
slavehclding States. Let us rather set «n ex- 
ample, not only of faithfulness and honor, but of 
submission to an offensive compact, and reserve 
all ihe energies of an insulted and disgusted pub- 
lic sentiment for a lawful and constitutional de- 
n omiraiion, such as shall convince the South 
that there is a point of forbearan.ee beyond which 

we cannot go. 
The Boston City Grays, Capt. French, are quartered 

at She City Hall; they will be relieved io-nighi by an- 
other of our eity military companies. The U. S. Ma- 
rines, from the Navy Yard, and me company of U. S. 
Artillery, from Furt Indepsndence, are also quartered 
in the Ceurt House. 

The excitement outside continued this morning, al- 
though the crowd was not large until 11 o'clock. 

Aineug the rumors of the morning was one tha^ 
several car loads of persons had came down from 
points on the Worcester railroad to take part in the 
' proceedings. There was also another, that 1,500 mem- 
bers of a prominent club in this city had volunteered 
their services to aid in the preservation of order and 
the execution of the laws. Also, that threats of per- 
sonal violence to several of the officers had been made 
i by certain persons, going so far as an iutimalion that 
one of ihe officers who arrested the fugitive would be 
shot before nj*jht 



The President and the Boston Trou- 
bles. — The Washington Union of Sunday, has a 
long article from which we make some extracts: — . 

The following despatch, received in this city yes- 
terday morning about 12 o'clock, tells the story: — 

" In consequence of an attack upon the court- 
house last night, for the purpose of rescuing a fugitive 
3lave under arrest, and in which one of my own 
guards was killed, I have availed myself of the re- 
sources of the United States, placed under my con- 
trol by letter from the War and Navy Departments 
in 1851, and now have two companies of troops, 
from Fort Independence, stationed in. the court-house. 
Everything is now quiet. The attack was repulsed 
by my own guard. " Watson Freeman, 

" U. S. Marshal, Boston, Mass." 

In reply to this message, President Pierce, with 
characteristic promptitude, returned to Marshal Free- 
man the. following emphatic answer: — 

" Four conduct is approved. The law 
must be executed." 

At whatever hazard, and in the face of every con- 
sequence, the law of the land will be "executed and 
enforced." The present Chief Magistrate knows his 
duty, and will discharge it, no matter how assailed or 
threatened. He was elected to the high position he, 
holds as the avowed, positive, and fearless advocate 
of the constitution, and as the known friend of the 
rights of the States; and he took his seat in the 
Presidential chair proclaiming his cordial approval of 
the Compromise measure.3 of 1850, and his fixed reso- 
lution to execute and enforce the fugitive-slave law 
in the following language. 

[After a quotation from the address, the Union 
continues: — ] t 

This unequivocal and comprehensive avowal of the 
purposes of President Pierce was hailed, fiom one 
end of the country to the other, as a practical guar- 
antee that however fanaticism might rail and treason 
plot, the strong and steady spirit, and the unflinching 
and patriotic will of that statesman, would be hon- 
estly and vigilantly exerted on the side of the Con- 
stitution. J^,Q|fjil" n - 'Va s r among the first to applaud thi s 

einpjiat jf Jlfpf^^^el^ rwt Vp 'K Q II .,n' h"r.»L.,^r V^a J 

impulses and tainted counsels may at present mislead 
the people of that city, they will come back to their 
duty before their streets are made the scene of the i 
massacre anticipated and prayed for by Sumner and j 
his confederates. But whether they do or do not, of j 
one thing the country may be assured — there will be j 
no faltering in Franklin Pierce. The laws will. 

BE MAINTAINED AT WHATEVER COST. 



The Fugitive Slave Case. — We understand 
that Hon. John H. Clifford, Attorney General, yes- 
terday received a telegraphic despatch offering him a 
retainer in behalf of Burns, the fugitive slave in Bos- 
ton. The offer came from several leading Whig mer- 
chants of Boston. Mr. Clifford was reluctantly com- 
pelled to decline the retainer in consequence of a 
press of official business. He commences the trial of 
a capital case in Springfield this afternoon, having 
just concluded the trial of the case of Wilson in Bos- 
ton. — [New Bedford Mercury. 



The Boston Press.— The Atlas has not yet 
said a word, editorially, in relation to the last de- 
monstration of the slaveholders against the North, 
/"he Advertiser, while condemning violence, has 
some sensible and judicious remarks upon the 
30urse of the slaveholders in repealing the Mis- 
souri Compromise. The Transcript also, while 
upholding the peace of the city, has some very 
feeling remarks upon the dangers of the present 
crisis, to the Northern people. The Courier is 
characteristically violent, and the Journal is char- 
acteristically feeble— both on the side of the slave- 
holders. The Post and Times say— what their 
drivers at Washington tell them to say. 



*w 



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lYEMRfi illl Til. 



Boston : Saturday Evening, May Vk^ 1854, 



A DETAILED ACCOUNT 

OF THE 

Arrest of Anthony Burns, 

THE ALLEGED FUGITIVE SLAVE. 



The Faiisuil Mall Meeting. 



THE ATTEMPTED RESCUE. 



Murder of Mr. Batchelder. 



THE MILITARY UNDER ARMS. 




Efficiency of tl\e Police, with Items of In- 
terest relating to the Affair. 



Following upon the very heels of the Nebraska Bill, we 
have had, in this city, the arrest of a fugitive slave. At any 
time an occurrence like this would cause a great excitement, 
but at this particular moment, when even the warm friends 
and upholders of the Fugitive Slave Law have turned away, 
resolved no longer to grant concessions to those who violate 
previous compacts, and seek to extend slavery over free 
territories, it has caused the most intense interest, and has 
resulted in scenes of violence and bloodshed. 

THE ARREST. 

On Wednesday evening last, about 8 o'clock, Anthony 
■ Burns, colored, while walking in Court street, was taken 
into custi.dy by officers Coolidge, Riley, and Laighton, 
under the orders of Watson Freeman, U. S. Marshal, and 
by virtue of a warrant issued by U. S. Commissioner Ed- 
i ward G. Loring authorizing the arrest of Burns, as an 
alleged fugitive from the "service and labor" of Charles F. 
Suttle, a merchant of Alexandria, Ya. The arrest was made 
very quietly, and he was escorted to an upper room in the 
Court House, where, under a strong guard of officers, he 
was kept for the night, and the intelligence of his arrestt 
did not transpire until the following morning ■ 

Burns, who is about thirty years old, has for some time 
been in the employ of Coffin Pitts, clothing dealer. No. 36 
Brattle street. He is a shrewd fellow, and his story of the 
manner of his leaving Alexandria is curious. After ac- 
quitting his master of all suspicion of cruelty, he stated that 
leaving him was the result of accidents — that one day, while 
tired, he laid down on board a vessel to rest, got asleep,, 
and that during his slumbers the vessel sailed ! Burns, at 
one time after his arrest, expressed a willingness to return 
with his master, but he was induced by his advisers to 
make his claimants show their authority for his return. 

ATTEMPTED ARREST OF SUTTLE. 

During the forenoon, a writ was issued by Seth Webb, 
Esq., on an action of tort, for the recovery of $10,000 dama- 
ges against Messrs. Charles F. Suttle and William Brent, 
"for, that the said Tuttle and Brent on the 24th day of May 
instant, well knowing the said Burns to be a free citizen of 
Massachusetts, conspired together to have the said Burns 

Lorrest'ed ar.d imprisoned as a slave of said Suttle, and car- 
ried to Alexandria, Ya.,'' *-c , &c. — Lewis llayden, a 
colored man, was the complainant in the case. The writ 
was served upon Messrs. Suttle and Brent, and they gave 

i the required bail in the sum of $5,000 each. Subsequently, 
Chief Justice Wells issued a writ of replevin against U. S. 

i Marshal Freeman, directing that officer to bring the body 
of Anthony Burns, the fugitive, before Uie Court of Common 
Pleas, on the 7th day of June next, but the Marshal did not 
obey the order. 

HOW BURN'S WAS DISCOVERED. 

Soon after Burns' arrival here, as it now appears, he 
I wrote a letter to his brother in Alexandria, who is alsoga 
Islave of Mr. Suttle's, stating that he was at work with 
Coffin Pitts, in Brattle street, cleaning old clothes. This 
letter he dated in "Boston," but sent it to Canada, where it 
was post-marked and send according to the superscription, 
too Burns' brother in Alexandria. As is the custom at the 
South, when letters are received directed to slaves, they are 
delivered to the owner of such slaves, who opens them and 
examines their contents. This appears to have been the 
base with Burns' letter, and by his own hand his place of re- 
- *aa± was_disoovereri lw Viia ""i"*-" 



B0ST0 ^SUNDAY, MAY 28,_1854- 



x OF IT. 

Our city was, on Friday , vening, threatened 
with a very serious riot, full particular, of *hich 
I re g iven elsewhere. Our citizen solchery were 
! called upon, and responded -thtlieirusua 
promptitude, as all who are 'not wilfully blind 
U„ew they would, and as all whose opinion. £• 
WO rth considering believe they always will. Evi 
disposed persons have been emulating a report 
tha t the Columbian Artillery and other companies 
volunteered their services to protect the Court 
House, and have thereby tried to excite popular 
feeling against then, No credit should he given 
to such statements j they are false in toto THe 
military were legally ordeued orrr from the first, 
and they showed themselves to be good soldiers by 
obeying the orders promptly and to the letter 
As soon as it was ascertained that an outbreak 
was likely to occur, Mayor Smith issued his pre- 
cept as follows : 

Thus our readers will see that every thing lias 

been done legally and " according to the book." 

All honor to the defenders of law. 

Governor Washburn will make one of the ad- 

dresses before the Massachusetts Bible Society, 

tomorrow, Monday afternoon, at Central Church. 

\ A rumor was circulated through the city, last 
evening, that a conspiracy has been planned, 
for the purpose of rescuing Burns, the fugitive 
•dave. The means are fire and the sword. ! 
We think it will be a difficult matter to put it in 

force. 

Nearly all the clergymen in the city preached 
discourses in reference to the present excitement. 
The majority, while they denounced slavery and 
its practices, also sustained the execution of the 
laws. The sermons of Rev. Messrs. Lothrop, 
King, Kirk, Peabody, Robbins, Blagden, East- 
burn, and Vinton were especially eloquent. 

At the West End the colored people have just 
held a secret meeting, and passed, it is said, a 
series of resolutions to liberate Burns, at all 
events. A documeut was read from Whittier, 
the poet, at Amherst, tendering any aid, by 
money or muscle, to this end. 



! 



DAILY ADVERTISER. 



M: 



■MONDAY MORNING, MAY 29, 1854. 



FIR6T Page.— Commercial Record— Fraudulent Pension 
Claims — Robbery of the Philadelphia Mint — Revolutionary 
Trophies— The Largest Slave Owner — Lieut. Bonaparte — 
Weekly Report of Interments. 



The late Popular Excitement. — The 
events of the last three days in this city have 
tended to confirm the conviction previousiy en- 
tertained by almost every reflecting man, of the 
extreme danger to the repose of the country, of 
the recent interference with the Compromise 
act of 1820. The bill for its repeal was intro- 
duced into the Senate by Mr. Douglas, under 
the pretext that it was repealed by implication, 
although not in express terms by the Compro- 
mise acts of 1850. No historical fact is more 
clearly established than that the whole discus- 
si&n on the acts of 1850, in Congress, and by the 
prfesS) was conducted without any reference to 
the Compromise act of 1820, and nothing can 
be clearer than that if it had been understood 
that this act was to be repealed, the fugitive 
slave law of 1850 would never have been passed. 

It was also clearly understood that the por- 
tion of the people of the free States who gave 
their aid to the adoption of those laws, and 
without whose aid they could not have been 
passed, did so in the faith that the arrangement 
of the entire slavery question, as then made, 
was to be a final settlement, as between the 
free and slaveholding States. It is not surpris- 
ing, therefore, that such a breach of faith as has 
been consummated by the passage of the Neb- 
raska bill, — by which the door has been opened 
for the admission of slavery into a territory of 
i nmense extent, in violation of an express com- 
pact that slavery should be forever prohibited 
therein, has produced a severe shock upon the 
feelings of the whole community throughout 
the free States. Attempts were made to per- 
suade the people of the South of the extreme 
imprudence and folly, on their part, of seizing 
upon an accidental state of parties for carry ng 
a measure so offensive to the whole North, as 
the repeal of the Missouri Compromise, but 
they were deaf to all admonition and have suc- 
ceeded in carrying a measure of which we are 
to reap the fruits. 

The consequences are beginning to develope 
themselves already. The difficulty which has 
always existed in enforcing the execution of the 
fugitive slave law, is greatly increased by this 
exasperation of the public feeling. 

Many persons who have hitherto used their 
utmost exertions, and hazarded their influence 
in carrying into effect the Compromise meas- 
ures, on the footing on which they understood 
them to stand, are entirely disgusted and dis- 
heartened, in finding themselves placed in the 
unexpected position of being held to a com- 
promise, which is binding on but one side. 



^Ve are not, however, aware that the number 
of those who are disposed to violate the laws 
of the land, or to be guilty of a breach of the 
peace, is increased by this violation of faith by 
the representatives of the South; but it cannot 
surprise any one, that such an act should 
diminish the ardor of some men in enforcing 
an odious law, enacted, for the exclusive bene- 
fit of those who have made so ungracious a re- 
turn for it. We have no doubt, notwithstand- 
i ig, that those who are entrusted with the 
execution of the laws will faithfully discharge 
their duty, and that they will have the effective 
aid of all good citizens, if it should become 
necessary. It is due to the character of the 
City and of the State, as well as to our in- 
dividual characters as citizens, that the laws 
should be executed, and that all attempts to 
resist them should be effectually put down and 
punished. Those who resist the law now, 
and those who encourage resistance by their 
countenance and advice, are the same persons 
who have promoted and counselled such 
measures heretofore. We do not suppose 
that the violators of the law have gained any 
great number of recruits in consequence of the 
repeal of the Missouri Compromise. This act 
affords no justification for the resistance of 
laws actually existing. The effects of that re- 
peal must be counteracted in some other way, 
and we doubt not the South will find in the 
e id that they have gained nothing by their 
p *esent move. 

In the meantime we trust that no attempt 
will be made to resist the carrying into effect 
the decision of the Commissioner, whatever it 
may be, and over that decision he has no con- 
trol whatever, other than to decide according 
to his own judgment and conscience upon the 
evidence in the case. It is understood that an 
arrangement is already made, which we have 
no doubt will be carried into effect, for the 
purJfJfcase of the fugitive by the payment of a 
prifce satisfactory to his master, contributed by 
a number of liberal individuals, for the pur- 
pose of setting him at liberty. This will of 
course iquiet all further excitement, [fit were 
Owbcfwise, we have ho doubt that the decision 
<r the Commissioner would be quietly sub- 
mitted to, and peaceably carried into execu- 
tion. 

It was understood on Saturday evening, that me 
fugitive might be purchased for twelve hundred dol- 
lar^, and that sum was readily subscribed for the 
purpose. It was expected that the necessary papers 
might be drawn up that night, and the object thus 
immediately effected; but while the gentlemen en- 
gaged in th'is philanthropic proceeding were maturing 
the papers, the hour of twelve o'clock arrived, and 
they were obliged to cease as no proceedings had up- 
on Sunday would nave binding legal fo'rce. Pro- 
ceedings will be resumed at an early hour this morn- 
ing, and we confidently trust that by the time our sub- 
scribers read this paragraph, or very shortly after- 
wards, Burns will be free- freed from the service 



-»— — 



-•- 



■ S i . 




vviuoM ii. ~»« aiwiueij ijeflouDieu ne !Qwe8 t ij amasjer, 
by tfe^pTTilanthropic liberality orenlighteried citizens 
and not by the violence of the indiscreet. The 
money is all ready in gold. 

Two incidents connected with the inscription are 
worth mentioning. On Saturday evening, eight 
hundred dollars had been subscribed; it was thought 
important that the remainder should be obtained at 
once in the hope of consummating the measure that 
evening. One of our liberal merchants whose benev- 
olence is practical and unostentatious, although he 
had already subscribed a bundred dollars, immediate- 
ly advanced the requisite four hundred dollars and 
completed the subscription. That is the one inci- 
dent. The other is this: — We are informed that 
during the day on Saturday, Rev. Theodore Parker 
was asked if he wished to put his name to the sub- 
scription paper. His reply was "J have nothing to 
subscribe but brains and bullets!" 

A paragraph has appeared in one of the Sunday 
papers containing statements in connection with the 
names of Messrs. Thomas B. Curtis and W. W. 
Greenough, which require correction. They were 
not appointed to negotiate lite purchase of Burns, but 
were desirous, for obvious reasons, that he should be 
liberated before midnight on Saturday. They have 
never had or sought any interview with Colonel Sut- 
tle. The delay which occurred with regard to the 
purchase of Burns, &c, was understood to have 
arisen from questions of legal costs 1 , nor is it within 
the knowledge of Messrs. Curtis and Greenough that 
any officer of the United States government was dis- 
posed to defeat the negotiation. 

We are authorized to state that the story that the 
subscription paper (or the purchase of Burns was 
drawn up in the office of Judge Loring on Saturday 
night is without foundation. Judge Loring has no 
knowledge of any such document. 

The negotiation for the purchase has not been com- 
pleted. Nothing could be legally done on Sunday. 
At a late hour last night it was feared that it might 
not be consummated before the hearing today. We 
confidently hope that these fears may prove unfound- 
ed. 

We understand that the Marshal has been advised 
from Washington that the expenses incurred in pro- 
tecting his prisoner are-not to be assessed upon the 
claimant. The whole amount of the costs in the case 
cannot thus exceed one or two hundred dollars, which 
we have no doubt will cheerfully and readily be sub- 
scribed, if required, in addition to the twelve hun- 
dred dollars already raised. 

It was rumored however last night that the claim- 
ant had said that no money would now buy the 
jlave: and it was further rumored that he had been 
fldvised from Virginia that he (Col. Suttle,) would 
i ncurthe displeasure of his fellow citizens there if he 
(returned without his slave. We hesitate to credit 
these rumors. Sales of slaves are certainly not such 
unusual occurrences in Virginia that, a case of a sale 
like the present need be visited with public disappro- 
bation there. 

The vicinity of the Court House was quiet last 
night, and there was no large crowd, though many 
persons passed through Court street, and occasionally 
small knots collected. The ropes which were stretched 
on Saturday evening, guarded by policemen, to pre- 
vent the passage of persons through Court Square, ex- 
Icept on business, were maintained throughout the 
(night; and yesterday, day and night. 



Reported tor the Traveller. 

Meeting of Clergymen Regarding the 

Interests of Freedom* 

At a meeting of the American Tract Society, 
last evening, notice was given of a meeting at 9 
o'clock this morning, of the above-named char- 
acter. It was large, and continued in session for 
more than two hours. 

Dr. Barstow, of Keene, N. H., was appointed 
Chairman, and J. W. Walker, Secretary. 

H. M. Dexter, of Boston, who had taken the 
responsibility of calling the meeting, stated the 
object to be to consult together in reference to 
duty in the present emergency. 

Dr. Lyman Beecher said, we hare no cause to 
fear, and that fear would be treason. We must 
pray, hope and work. In the Revolution, the gov- 
ernment and the clergy were united; but now, 
the government is on one side and the clergy on 
the other. 

Prof. Stowc said, in reference to a suggestion 
that a Convention be called, that now was the 
time to act, rather than issue such a call; but 
that wc should do it calmly. There is now a dis- 
position on the part of all the friends of freedom 
to unite, and let by-gones be by-gones. 

Dr. Edward Beecher moved that a committee 
be appointed to confer with the clergy of other 
denominations, in regard to the religious and the 
political bearings of this subject, and our duty. 
Regarding the first, out way is clear; but as to the 
other, it is not so. 

The meeting voted to adopt the five minutes' 
rule for the speakers. 

George Allen ©f Worcester, thought that now is 
the time for action ; but we must act with consid- 
eration. 

R. W. Clark of East Boston, was decidedly of 
the opinion that we should act religiously only. 

Mr. Wolcott of Providence, said he did not agree 
with his brother of Boston, that the religious and 
political considerations should be separated. He 
moved an amendment to Dr. Beecher's motion, 
in the form of a resolution contemplating imme- 
diate action. 

Dr. Cleveland of Northampton, sustained the 
last speaker in his position regarding immediate 
action ; and the motion and amendment were re- 
ferred to a committee of seven, of which Dr. C. 
was chairman, to consider and report to the meet- 
ing. This committee, after a long absence, came 
in and reported that, as the recent action of Con- 
gress had made a new crisis, threatening the vital 
interests of freedom, it was, in their opinion, ex- 
pedient that the clergy of this Commonwealth 
meet in Convention, to consult and determine their 
duty in this exigency ; and that a committee of 
twelve be appointed to confer with the clergy of 
all denominations in reference to this matter, with 
the p. wer, in connection with any number they 
might choose of such others, to call a Couven- ,/ 
tion. The report was adopted; and the same 
committee was directed to make a nomination of 
the committee of twelve, which they did; and the 
nomination was confirmed. The meeting was 
then dissolved. 

We are not able to give all the names of the 
Committee. We believe that Messrs. Cleavelai?d, 
Clark, Dexter, Walcoti and Pierpont, with the sec- 
rets ry, were of the number. 

It should hu stated, that while the meeting was 
called by an individual of one of the denomina- 
tions, at a meeting when all of them were not 
represented, others having come in, it was made, 
on inquiry and explanation, to include all that 
happened to be present, by any of then* members. 

There were many speakers ', and, among them, 
one representing the State of Senator Douglas, but 
not him. Some who felt the most deeply coun- 
selled calm and considerate action in whatever 
should be done ; while others seemed impatient of 
any restraint. It is perhaps too early to calculate 
the results and importance of this movemeut. 



-^"^*— 



r <C 7 



I 



n * 



N. 




P 0RTRA1T OF ANTHONY BURNS, THE FUGITIVE SLAVE. 

F rom a Daguerreotype taken by the German process. 







Fowls' o'clock, P. M. 



The Heart of the Commonwealth. 

Fire hundred men from Worcester, a Freedom 
Club, arrived in this city this forenoon. Worces- 
is all alive with excitement and enthusiasm. The 
Worcester Transcript, a Whig paper, has the fol- 
lowing article this morning. It is understood to 
express the views of Gov. Washburn, who, we 
are told, arrived in this city this morning : — 

LET THE LEGISLATURE OF MASSACHUSETTS BE 
ASSEMBLED. 

The Missouri compromise has been repealed. 
The Fugitive Slave Law still remains on the stat- 
ute book. It is not a dead letter there. To-day it 
lives and strikes the heart of Massachusetts. A 
man now lies within its fearful grasp in the city 
of Boston. Blood has been shed in an attempt at 
his rescue. A Massachusetts Court House has 
been converted into barracks for U. S. troops, cal- 
led out to enforce the execution of the law. Mas- 
sachusetts troops are now under arms to preserve 
the peace. The life of a Massachusetts citizen has 
been sacrificed, and tens of thousands of other 
good citizens are goaded to phrensy by this new and 
wanton atiempt to execute the law. A recurrence 
of the attempt hereafter is sure to draw on a re- 
currence of all the connected evils with tenfold 
aggravation; and a recurrence of the attempt is sure 
to take place. A grave crisis has arrived which 
ought to be firmly met, but not by lawless multi- 
tudes. We invoke the interposition of the supreme 
authority of the State. Let the Legislature be as 
sembled forthwith ; on the one hand to take into 
consideration the new relations to the rest of the 
Union into which the Commonwealth of Massa- 
chusetts has been brought by the repeal of the 
Missouri Compromise ; and on the other to make 
Massachusetts an asylum of liberty to the fullest 
extent in their power, and to enact such statutes 
as shall tend to secure the State against any fur- 
ther attempt to execute the fugitive slave law 
within its limits. , 

The Worcester Freedom Club marched up 
Washington street from the depot, this forenoon, 
attended by crowds of sympathizing citizens. 
Three cheers were given by them for the " Com- 
monwealth," as they passed our office. Their ap- 
pearance in Court Square was the signal for a 
storm of cheering from the large concourse of cit- 
izens gathered around the " Slave Pen." A cho- 
rus of groans, in which the crowd joined with ex- 
treme unction, greeted the ugly heads of the U. 
S. Marines protruding from the upper windows. 

After marching around the "Barracoon," the 
Club proceeded to Meionaon Hall, Tremont Tem- 
ple, where they were addressed by Dr. O. Martin, 
of Worcester 
hall, was received with great cheering, and ad- 
dressed the assembly. Several other gentlemen 
also spoke, their remarks being welcomed with in- 
tense enthusiasm. The most enthusiastic applause 
was elicited by every allusion to Gov. Washburn 
— the hall being filled with our own, as well as the 
citizens of Worcester. - 

This is indeed cheering. Worcester sends us an 
organized deputation whose presence is a protest ! 
It represents the unstifled humanity — the ineradi- 
cable and noble hatred of tyrants, and the undying 
love of liberty, which throbs and leaps in the bo- 
som of our people ! Thank God! Massachusetts 
is awakening to a conviction of her duty, and this 
is but the beginning of the end. The heavy hand 
of the slave power laid upon the Heart of the 
Commonwealth, finds its pulses true to the cause 



£> _ 

/T'A Sale op the Fugitive utterly Re- 
cused. —We learn that, Saturday night, when 
those who were negotiating with Suttle and his 
counsel for the sale of Burns, parted with him, 
about twelve o'clock, it was understood that they 
would meet again this morning, and complete the 
arrangement. But, this morning, when they went 
to him again, to have the documents executed, as 
had been agreed/he said to them :— "I will wot 

SELL MY SLAVE FOR $1200, NOR FOR ANY SUM, 
BUT I WILL TAKE HIM BACK TO VIRGINIA." 

Those who had believed that Burns could and 
would be released, this morning, by paying the 
claimant's price for him then fully beheld and felt 
the real purpose of this man hunt in Boston. 



To 



BY TELEGBAPH 
the C o m m o nwe al t h. 



Nbw York, May 29, 1854.-Brothbrs and Citizens of 
Boston ! Deliver not the oppressed into the hands of 
the oppressor ! " Liberty or death !" 

Many Christians o? N*\t York. 



The Boston Pulpit on the Fugitite Case. 
We learn that Anthony Burns' request for prayers 
was generally read and noticed in the churches, 
^yesterday. From a gentleman we learn that Rev. 
Mr. King "not only prayed but preached as a true 
lover of liberty and humanity should have done;" 
that "Rev. D. Peabody made a few touching re- 
marks and offered a very impressive prayer in be- 
half of the poor man who is now in the Boston 
Slave Pen;" and that "Rev. Mr. Ellis, of the 1st 
Church, in Chauncey Place, also prayed for Burns 
most earnestly." 

Another says, "a request for the prayers of the 
people of God in behalf of Anthony Bums, having 
been read in the pulpit of Phillips Church, South 
Boston, yesterday afternoon, the pastor, Rev. Chas. 
S. Porter, stated that it was a very proper request, 
inasmuch as we are required to 'pray for all men/ 
and in particular to 'remem.ber such as are in bonds 
as bound with them/ and then offered a fervent 
and appropriate prayer for the poor, distressed fu- 
gitive, that he might be relieved from his present 
condition of peril, that the dealings of God's pro- 
vidence might be sanctified to him, and that all 
human enactments that opera. te unrighteously and 
oppressively, might be speedih/ done away." 



Who Refuses to Sell?— It is generally be 
lieved that the negro-driver, Suttle, acts by advice 
of President Pierce himself, through Hallett, the 
Attorney, when he refuses to dispose of Burns. 
The Government mean to have Massachusetts 
Wm."Llo7dtoison~ent"erin7'^e .completely subjugated. 



Ho°h. Edward Everett ou Public Senti- 
ment in Bo&ton. 

Washington, May 28.— Mr. Everett writes from Bos- 
ton that he finds there a feeling of hostility which he 
can neither approve of or resist; the dissatisfaction is 
strongest among the staunchest friends of the Compro- 
mise of 1850. 



«• 



DAILY ADVERTISER. 



TUESDAY MORNING, MAY 30, 1854. 



Anti-Slavery Excitement. — The streets of 
the city were full of people yesterday, many of them 
strangers, but there was no violence. The arrange- 
ments for the preservation of order by the municipal 
und United States authorities were so well perfected 
that it was sufficiently obvious that no riotous de- 
monstrations could result in any practical benefit. 
There was a crowd near the Court House throughout 
the day and evening. But one arrest was made. 

We regret to state that the negotiation for the 



be very speedily consummaieu, u at an, . iu uk amnner 
subscription paper and went with other gentlemen to 
the houses of several persons, to ask their contribu- 
tions; telling them no time was to be lost. Finally, 
about 11 o'clock at night, a citizen of Boston put into 
my hands a check for $400, payable to my own order, 
expressly stipulating that L should not endorse it 
unless the freedom of said Burns was obtained that 
! night. t 

Both the counsel for the claimant, then went im- 
mediately to the office of the Commissioner, who 
issued the warrant. Here a deed of manumission 
was drawn. The said Commissioner and both the 
counsel then went to the United States Marshal's 
office to complete the discharge of said Burns. It 
wanted about a quarter of twelve o'clock when we 
arrived at the Court House. Some discussion then 
; ensued between all parties, the United States Com- 
| rnissioner, the United States Attorney, and the conn- 
d sel for the claimant, as to whether it would be neces- 
sary for the claimant to be brought down in person, 



purchase of the negro failed. It is not impossible 

that it may be carried through after the Commission- \ to entitle the Commissioner to discharge said Burns, 

or has given judgment. We understand that four arid also as to the protection of the United States 



the whole 
raised by 



hundred dollars, or one-third part of 
amount of the purchase money, was 
Edward G. Parker, Esq., one of the counsel for the 
claimant, and was embraced in a check payable to 
his order. His services in behalf of the claimant, 
which are rendered to the extent of his abilities as a 
lawyer, are simply professional. We give below a 
statement of the history of the negotiation. 

A Worcester paper puis forth a recommendation, 
which we can hardly suppose to be intended in 
earnest, for the adoption of measures in resistance of 
the fugitive slave law. It surely cannot be intended 
to advocate a measure which would bring the people 
of the State in direct conflict with the Government 
of the United States. The people of Massachusetts 
understand too well the obligations of the Constitu- 
tion, and their duties as citizens, to listen to any such 
recommendation. 

We give in another column a full report of the 
bearing yesterday before the Commissioner. As the 
counsel for the alleged fugitive insisted on the repe- 
tition of the proceedings anew, from the beginning, 
tins report comprises a complete history of the case 
so far as it comes before the Court. The proceedings- 
were pushed forward with as much rapidity as was 
consistent with the nature of the case; Mr. Ellis was 
speaking when the case was adjourned. The hearing 
will be resumed at nine o'clock this morning, and it 
is not improbable that it will be finished to-day. 



sioner E. 



The following statement of the history of the ne- 
gotiation for the purchase of Burns, is furnished by 
Edward G. Parker, Esq, one of the counsel for the 
claimant: — 

At the time of opening the hearing before Comrnis- 
Loring, in the case of the alleged "fugi- 
tive from service and labor," Anthony Burns, I was 
toid that if the claimant would consent, $1200 could 
bo raised within five minutes, to buy the freedom of 
said Burns. I advised with the claimant, and he. con- 
sented, provided it were done forthwith. I then my- 
self drew up a paper for subscriptions therefor, to wit: 
buying the freedom of said alleged slave. Subse- 
quently I drew up another paper of similar character, 
lor the Rev. Mr. Grimes, the colored clergyman, but 
1 told him and assured him, over and over again, that 
the whole matter must be fully arranged and completed 
absolutely forthwith, and certainly that day, or the 
claimant would be released from all assent to the 
agreement, which he had only made, to show that he 
was not harshly disposed toward the boy Anthony 
Burns. At 8 o'clock P. M., in the evening, only $800 

had been raised. Knowing then that the matter must 
_.. ._j ;r„. .. it r. • . - •<- 



Marshal from the costs of all the military and other 
extra expenses in case of a voluntary discharge of tho 
person claimed. Tho statutory" costs, although the 
claimant had not agreed to pay them, it was under- 
stood there would be no difficulty about. Before 
these two matters could be arranged, the clock struck 
twelve. I then told the Rev. Mr. Grimes that, inas- 
much as the money was raised before twelve o'clock 
low a at night, I thought the claimant ought not to retire 
from the bargain unless the parties withdrew the 
proffered money. The next morning being Sunday, 
the last mentioned check of $400 was withdrawn 
from me by the drawer thereof. This wholly absolved 
the claimant from his agreement. And now, the 
claimant being advised thereto by many lovers of law 
and order, declines to negotiate further until it is first 
established that the supremacy of the law can be 
maintained. 

1 » 

ADJOURNED HEARING 

Before Hon. Edward G. Loring, Commissioner of 
the Circuit Court of the United States for the First 
Circuit, and District of Massachusetts, in the case 
of Anthony Burns claimed by Charles F. Suttle, of 
Virginia, as owing labor and service to him in Vir- 
ginia, and as having fled to Massachusetts. 

Seth J. Thomas, Esq. and Edward G. Parker, Esq., 

counsel for the claimant. 
Richard H. Dana, Jr., Esq. and Charles M. Ellis, 

Esq., counsel for the alleged fugitive. 

IReponed for the BoMoli Daily Advertiser.] 

Monday. May 29, 1854. , 

At eleven o'clock, the Commissioner, Hon« 
Edward G. Loring, took his seat. Anthony Burnsji 
had been brought in a few moments before. J 

At eighteen minutes after 11, Mr. Dana came in,|j 
and at half-past 11 Mr. Ellis opened the proceedings.^ 

He said — We feel bound to protest against pro-_; 



ceeding in this order. It is not right and fit. To the^ 
prisoner your honor has granted such indulgence asjj 
leaves us nothing to complain of. Of other matters^ 
we have reason to complain. Mr. Ellis asked the J 
Commissioner to say whether he would consent to pro- 
ceed so long as counsel bear arms. It is a shame that 
any man should ever be called on to stand in court 
where such things are tolerated! Mr. Ellis further 
complained that the prisoner should be ironed. It is 
not fit, it is not law, that a man should undergo trial ^ 
with his arms pinioned. [It was stated that the 
prisoner was not now in irons ] Then, said Mr. Ellis, 
that is all right". 

Mr. Ellis further complained that the Court Room 
was packed with friends of the restoration of the al- 
leged fugitive. He had with difficulty been able to 
introduce a few personal friends. He contended that 
it was not fit that every avenue to the temple of 
justice should be blocked with armed men. He 
prayed the Commissioner to give such directions as 
should prevent the continuance of such proceedings. 

The Commissioner remarked that the hearing must 
proceed. 



Hon. B. F. Halletl rose and said that it was abso- 
lutely necessary that a force should be employed for 
the protection of the Court House. 

The Commissioner said that all this was irrelevant. 

Mr. Halleit proceeded, remarking that the troops 
were here in obedience to orders from the President 
of the United States and of Judge Sprague. 

The Commisssioner— This must stop. 

Mr. Hallett continued nevertheless to say that the 
Marshal wassimplv discharging his duty. 

The Commissioner— I understand this very well. 

Mr. Halleit at last took his seat 

Mr. Ellis objected that an officer of the United 
Slates should disobey the directions of the Court. 

The Commissioner— That matter is my concern. 
Let the hearing proceed. 

Mr. Ellis made further objections to the regulations 
regarding admission to the Court Room. 

The Commissioner— Let the hearing proceed. 

Mr. Ellis was understood next to inquire whether 
there was any appeal from the decision of the Com- 
missioner, and was answered in the negative. 

Mr. Ellis— We feel bound to object to your honor's 
proceeding as Commissioner, not having been quali- 
fied. 

The Commissioner— I was qualified fifteen years 
ago. The oaths were administered by the late Jus- 
tice Story. 

Mr. Ellis— We can find no record of the fact. 

The Commissioner — It is nevertheless a fact. 

Mr. Ellis— We have not found the record. 

The Commifisioner— I remember taking the oath. 
Let the hearing proceed. 

Mr. Parker inquired if ihe complaint and other 
proceedings of the former silling must be repeated. 

The Commissioner said it was not necessary so far 
as he was concerned. 

Mr. Ellis said he preferred the proceedings should 
begin de novo. 

The Commissioner said that this was a continuance 
of the former sittings, and the matters before present- 
ed were already in the case. 

Mr. Dana said that this was the first occasion when 
:he prisoner had counsel present prepared to act. Be- 
fore the man was ignorant and uninstructed, without 
counsel. 

The Commissioner— If you assure me that repeti- 
tion of the proceedings is necessary to enable you to 
understand the state of the case, they shall be repeat- 
ed. 

M«". Dana — We wish the whole. 

The Commissioner— Read the complaint, Mr. Par- 
ker. 

The complaint was read, and Mr. Parker then re- 
called his first witness, William Brent, and asked if 
he should repeat his former testimony. 

Mr. Dana — We know nothing. 

The Commissioner — You shall have the whole. 

William Brent testified that he resides in Virginia 
— is a merchant — has resided there a little more ihan 
four years — formerly resided in Stafford County, Vir- 
ginia—knows Col. Charles F. Suttle. of Virginia-- 
has known him almost as long as he can recollect — 
know^ Anthony Burns — Burns is now in the Court 
Room — (witness pointed him out, the prisoner) — 
knew Burns in Virginia. 

[Mr. Parker then asked what relation, if any, sub- 
sisted between Burns and Suttle in Virginia. Messrs. 
Dana and Ellis objected to the question as involving a 
question belonging to the Court to decide and not to 
the witness. The Commissioner said that ttie witness 
might state facts and he would draw from them the 
proper inferences.] 

Mr. Brent stated that Burns held to Col. Suttle the 
relation of a slave to his master. He was hired out 
by Col. Suttle: Col. Suttle received the wages for his 
work: he was wholly under Col. Suttle's control — the 
control which masters have in Virginia over their 
slaves. Mr. Brent had hired him two or three years 
himself. Paid Col. Suttle for Burns's services. - This 
was in 1846-7-8 or 1847—8-9. Knows other in- 
stances in which Col. Suttle has hired out Burns's 
services. As Col. Suttle's Agent, he (Brent) had 
hired out Burns last year and this year, and his 



wages were paid to Col. Suttle. Does not know 
where Burns was born. Has known him as a slave 
twelve or fifteen years. Last year Burns was hired 
out in Richmond: he left Richmond in March. He 
was hired by a man named Millspaugh. The wages 
for his service have not yet been paid — Col. Suttle is 
to receive them. This Anthony Burns is the only 
Anthony Burns witness knows. There are two par- 
ticular marks by which he may be identified (I) a 
scar on his cheek (2) a cut across his right hand. — 
He is about six feet high. Witness has been many 
times over Col. Suttle's place and has seen Burns. -- 
Knows his mother, brother and sister. Saw him last 
on the Sunday before his absence. Thinks the date 
was March 20 He was missing on the 24lh of 
March. Witness has been in Virginia ever since, un- 
til a week ago Saturday, when he left to come North. 
[Mr. Parker asked witness if he knew how Burns 
effected his escape. Witness said he knew from 
what he said himself Mr. Ellis pointed out that §6 
of [he fugitive slave act prohibited the testimony of 
the alleged fugitive from being admitted in evidence. 
After discussion on both sides, during which Mr. 
Thomas relerred to the case of Sims (14 Law Re- 
porter, page 3) the Commissioner said that it was hi3 
impression that the language of the act does not refer 
to admissions made by the fugitive which when in- 
troduced by the claimant are strictly the testimony of 
the other party. He would therefore allow the ques- 
tions lo be asked, and if the use of the answers 
should become material he would further examine 
the point.] 

Mr. Brent in answer to this and subsequent ques- 
tions detailed the conversation which took place in 
h.s hearing between Burns and Col. Suttle on the 
Wednesday night when he was arrested. When 
Col. Suttle and Mr. Brent entered the room where 
Burns was, Burns saluted Col. Suttle and said, 
"How do you do, master Charles." 

Col. Suttle said — "Anthony, how came you here?" 
Barns said an accident happened to him — he was 
working on boaid a vessel — got tired — fell asleep — 
and was carried away on board the vessel. 

"Anthony, did I ever whip you?" "No, sir." 
"Did I ever hire you out anywhere where you did 
not wish to go?" "No, sir." 

"Have you ever asked me for money that I did not 
give it to you?" "No, sir." 

"When you were sick, did I not prepare you a bed 
in my own house, and put you upon it, and nurse 
you?" "Yes, sir." 

Burns then observed Brent, and said "How do 
you do, master William?" 

Something was said about going back. He was 
asked if he was willing to go back, and he said, yes, 
he was. 

Mr. Brent proceeded — know Anthony Burns's 
mother, sister and brother. His mother is a slave of 
Col. Suttle. 

[This remark caused a discussion and witness was 
told to confine himself to the statement of facts from 
which thfi relation of Burns or his mother to Col. 
Suttle might be inferred.] 

Burns's mother lives on Col. Suttle's plantation 
and is subject to his control. 

When I hired Burns, Col. Suttle said he was his 
properly. I gave bonds as is customary in such cases. 
Col. Suttle gave a mortgage on Burns at one lime to 
raise money. He mentioned his slaves in the mort- 
gage, declaring that he owned them; among them 
Anthony Burns. When Col. Suttle wrote me to hire 
out his servants he mentioned Burns as one of them. 
In Virginia it is customary to give passes to slaves 
when they travel. Col. Suttle gave Burns such a 
pass, when he came lo Richmond. 

The cross-examination of Mr. Brent was then be- 
gun by Mr. Ellis. 

My age is 35. Am a merchant in the grocery-com- 
mission business. Own slaves. Do not trade in them 
— acquired some by marriage, some by inheritance, 
some by purchase. The last I bought I bought in 
184 1 or '42. I have never sold any. Came hither a 
week ago Saturday from Richmond. Was joined at i 
Alexandria by Col. Suttle. Reached Boston Monday 
evening. Went to the Revere House. j 



At a quarter belore three o'clock tne counsel for 
the claimant rested their case there. 

Mr. Dana asked an hour's delay. The Commis- 
sioner said half an hour was all he could allow, but 
gave forty minutes — till 3£ o'clock. 

Afternoon Session* 

The Commissioner came in at the appointed hour, 
but the counsel for Burns were not ready to proceed 
until 23 minutes after 4 o'clock. 

Mr. Ellis said he should have been glad of time 
for more thorough investigation, but grateful for the 
delay granted would not press this point. He allud- 
ed to the outside circumstances of the trial. He in- 
veighed against the counsel for the claimants for be- 
ing willing to undertake such service. H is only hope 
was that the Commissioner would see that the maj- 
esty of law was vindicated. In all things else this 
was almost anything but a tiia-l. The Judge of the 
Circuit Court had refused to ordef a proper person to 
is-?ue the writ tie homine replegiando. The Court 
House is full of soldiers. ''Inter arma silent leges." 
There is scarcely a semblance of law in the pro- 
ceedings. 

These trials have all been political trials. Just as 
the bill has passed which throws open to slavery ter- 
ritory solemnly dedicated forever to freedom, this ciee 
and cases in other places under the fugitive slave 
law are instituted. And in this connexion it is worth 
remarking that the Attorney for the U. S. Govern-, 
ment attempted this morning to override the ruling of 
the Court. 

Mr. Ellis said he should introduce testimony toj 
show that prior to the time of the alleged escape, 
Burns was a free man in Massachusetts and about 
his work in Massachusetts. 

He objected to the record of the Alexandria County 
Court, that it is partial and not entire; that it does 
not set forth the testimony in the case; and does not 
prove the points represented by the counsel on the 
other side. 

He referred to the Constitution of the United States, 
Article 4, Section 1, and dwelt upon the nature of 
the faith to be given to the public acts, records and 
judicial proceedings of other States, that they could 
not have more validity than in the original state. 

This tribunal is not judicial and has limited powers 
of cognizance. 

The Virginia code, he contended was no proof at 
all. 

He proceeded to dwell at length upon the nature of 
the proof of ownership required to make out a case. 
He had been speaking more than an hour and a half, 
and had not concluded, when at six o'clock the Com- 
missioner adjourned the hearing until nine o'clock 
Tuesday morning. 



(d. Does KjOU oume Dear your tApenses? A. 
Nothing has ever been said about it. 

Q,. Has any thing passed between you what your 
pay shall be? A. Nothing. 

Q,. Was any thing written to you about your pay? 
A. Nothing. I did not come for money. 

Q,. You came then as a volunteer, did you? A. I 
came as a friend. 

Q,. Was there no understanding about your pay? 
A. No sir, not a word, no writing, no understanding. 

Witness further stated in answer to questions that 
he had never been on similar expeditions with Col. 
Suttle — that Col. Suttle wrote to him to ask him to 
accompany him upon this expedition — that he (Brent) 
wrote to Suttle on the Tuesday after Burns's escape. 

The conversation above detailed between Burns 
and Col. Suttle took place in the Court House at a- 
bout 8 or 9 o'clock on Wednesday evening. Burns 
was not in irons. The Marshal and several officers 
were present — no other persons Col. Suttle said "1 
make you no promises and 1 make you no threats" 
after Burns said he was willing to return: omitted 
this before. 

Q,. Of course you don't know of your own know- 
ledge that this woman whom you call Burns's moth- 
er is his mother? A. No, not from my own know- 
ledge. 

Q,. So also of his brother and sister? A. The 
same 

The letting of Burns to Millspaugh is a matter be- 
tween Col. Suttle and M. and does not affect me. 

Cross examination finished. 

Mr. Parker — Was the woman whom you call 
Burns's mother generally reputed his mother? A. She 
was. 

Caleb Page, the next witness, was introduced and 
sworn. Is a teamster — resides in Sornerville. Was 
in the room where Burns was when the conversation 
between him aud Col. Suttle took place. Heard a 
part of it. [Witness detailed the conversation sub- 
tantially as above.] Burns said he did not come 
in Col. Snow's vessel. 

Cross examined— Work in Milk street— have a 
team of my own — was in the room in the Court 
House by order of the Marshal — was going home on 
Wednesday night, when' Mr. Butmun met me, and 

said, "You are the very man I want," and requested 
me to assist in guarding Burns. I assented, merely 
walked behind. Am still employed in guarding him. 
Have never been similarly employed. 
©This finished the examination of this witness. 

Mr. Parker then spoke of putting in anew the rec- 
ord of the Virginia Court. The Commissioner said 
it was undoubtedly already in, subject to the objec- 
tions of Burns's counsel. Mr. Dana read it and said 
he had a number of objections. 

Mr. Parker said they regarded the record decisive 
on two points, (I) that Anthouy Burns owes service 
and labor, (2) that he escaped. ^ " ,' r ™™ Soon after Burns' 

He further requested the Commissioner to examine How Buens was DlS00 ™™r" wr0 te a letter to 
as to the identity of the prisoner in the manner most arrival here, as it now appears, i m 

agreeable to him. his brother in Alexandria, , who is ateo £ si 

The Commissioner said he saw the scars on the Suttle's, stating that he : v, as at J 01 ™^ letter he 
hand and cheek, and the height described. If conn-, in Brattle street, cleaning old clotne ^ anada , where it 
sel wished he would have the prisoner brought to him dated in /'Boston,^ but^ sen y^.^ tf) the super . 

is 



V 



;;; po t-marked'and sent according ta the supe 
SC riptU to , B^^^A^^ 



for a closer examination 

Mr. Ellis said they did not wish it. scription, to -Kurns^ "^ t "«t» p " i i^ers^'are received 

Mr. Thomas put in the Code of Virginia, showing the custom at the South, when let te ^^ rf 

the organization and powers of the Courts, referring directed to slaves, they J re ^\ er ^~ amines their con- 
the Commissioner to certain chapters. (Ch. 1 § 8, 8UC h/ slaves, who opens tthem and ^™ ith BurnB . 
ch- 157; ch. 158 ) tents. This appears to have , been th^.^ ^ 

Mr. Parker referred to another authority, (1 Green- letter , and by his own hand MS pw- - 
leaf's Evidence, § 6, page 10,) that ihe Courts of the discovered by his master. , 
United States take judicial notice of the laws and 
jurisprudence of all the States. 

Mr. Dana— The Courts. Do you call this a 

Court ? 

Mr. Parker— I refer the Commissioner to the au- 
thority. I 

Mr. Dana objected to the introduction of the book 
(the Virginia Code) to show that persons may be held 
to service and labor in Virginia. 

Mr. Thomas referred to 4 Pickering, that the proper 
mode of proving laws was by books He further put 



into the case the Constitution of Virginia. 



• 



<ff0wmmtiuedt|. 



Boston* Tuesday, May 30, 1854. 




How stands the Case! 

The fugitive case will probably be finished to, 
day. How it will terminate we can not predict 
A point of law has been raised which will enabl< 
Commissioner Loring to dismiss the case and 
discharge the prisoner, if he is disposed to d( 
so; and we choose to believe and hope that h< 
will be inclined to allow freedom every advantagi 
it caa gain from this source. It is unnecessary 
for us to assure our friends that the prisoner is 
defended with the utmost ability and skill. 

It is reported that Suttle— or rather Suttler, foi 
this we are told is his real name — has been con 
firmed in his determination to violate his agree- 
ment, and refuse to sell Burns, by an influence 
from Washington. It has been stated to us, by 
a gentleman who was in a position to be well in- 
formed on this point, that Suttler played " fast and 
loose " with the matter, Saturday evening, evident- 
ly to gain time, because expecting some message 
from abroad. This gentleman is convinced that 
he received a despatch from head-quarters at 
. Washington, late Saturday night, and that this 
despatch led him to The peremptory refusal to sell 
the man. Burns, offered for sale as a slave, in 
Virginia, would not bring 1800. He is not an 
"able-bodied" man, one of his hands being dis- 
abled. If Suttle could make good his claim to 
him, and triumphantly take him off to Virginia, 
he would be immensely astonished to find himself 
able to sell the man there for anything like the 
sum that has been offered him here. But the 
value of a slave is not what is wanted. The ma- 
lign power at Washington, gloating over the pas- 
sage of the Nebraska bill, requires him to persist 
in his claim, and consummate the outrage. It 
says we must know and feel that slavery is 

KING. 

The United States revenue cutter Morris lies at 
anchor near the end of Central wharf, ready for a 
voyage. It is currently reported that she is under 
orders to take Burns on board and carry him to 
Baltimore, as soon as the Commissioner gives him 
up to the claimant. We shall see if she has occa- 
sion to undertake that voyage, for which she is 
commissioned by our slave.catching government. 
Her officers and crew must feel a very peculiar 
consciousness of the dignity conferred upon them, 
if the report is true, that they have been ordered 
to undertake this mean business. What is the 
glory of Capt. In^raham and the St. Louis, to thai 
about to be won by the Morris and her command- 
er? 



The Capture of Burns.— Brent, Col. Suttle's 
aid in the honorable business of nigger-catching, 
has given to the Commissioner his testimony as to 
what the unfortunate prisoner said on the night of 
the arrest. It seems, according to this witness, 
that he and his employer were admitted to the 
lock-up, as privileged ^characters. No one else 
in the city knew of the capture until the next 
morning. Marshal Freeman's duty extended not 
only to the execution of the warrant, but also to 



the granting ot tacinties to tne master to procure 
testimony to be used in the examination against 
the poor prisoner. Suttle asked him various 
questions ; did I ever flog you ?— hire you where 
you didn't want to go ?— refuse to let you have 
money ?— and so on ; to all of which questions, 
Anthony replied, no. And this conversation, a 
concerted matter between Suttle and Freeman, is 
put in as evidence. Without remarking upon the 
probability that a man mean enough to catch a 
negro would be base enough to say what is not 
true ; we ask, of what value, in any respectable 
court would be such a confession, or admission, as 
this which is attributed to Burns. Those who know 
anything of the relation between master and slave, 
know that it is a relation of the most unlimited 
control on the one side, and of the most cringing 
servility on the other. To bow down before the 
master ; to lie to him when necessary, to curry fa- 
vor with him for the purpose of escaping punish- 
ment — all this is a matter of course. Slavery de- 
grades its victim in just this manner. So that 
even if Brent tells the truth, which Burns denies, 
through his friends, Messrs-. Pitts and Phillips, the 
evidence of Suttle's good treatment of Bums, or 
the willingness of the prisoner to return to slavery, 
is good for nothing. The simple answer of the 
poorl outcast to Wendell Phillips, is worth more 
than all this : " If I wanted to go back, why did I 
come here ?" 

The arrest, by night, by a false pretence, is suffix 
cient reply to all this humbug which the negro 
traders have got up. If Suttle believed that An- 
thony would be willing to go back, why did he 
not go to him, and procure him to return peacea- 
bly? He knew where he was to be found. He 
could have accosted him in the street or at the 
place where he was employed, and have ha'i an 
opportunity to use his most persuasive appeals. 
He knew better than to do this. He, knew 
that Burns wanted to keep away, as every slave 
does, who ever tried liberty. He knew that if he 
had even a suspicion that his mast er was after 
him, he would start forthwith for fre e Canada. So 
he had to call upon the government to arrest him. 
And, to satisfy the Commissioner, and mislead the 
public, he was allowed to see his victim, in the 
night, when all other men were excluded, and to 
procure from him admissions, to be used against 
him on the trial. The detestable meanness of this 
business is worse even than its outrageous and 
mien villany. 
A Drunken Marine on Guard.— The troops 

of the United States, now garrisoned in the 
Court House of the County of Suffolk, are 
well taken care of by the Marshal. Food is 
given them to their stomachs' content; and th en- 
courage is kept up to the pitch required for the 
business of kidnapping, by Rum ! ! At any rate, 
yesterday afternoon, the marine stationed at 
the foot, of the stairs leading to the Court 
room, was in a state of brutal intoxication, 
and presenting his bayonet at one of the pris- 
oner's counsel who was entering, told him_in the 
most insulting manner that he could not pass. 
Mr. Da T aa, the gentleman referred to, turned to 
a policeman near at hand, and informed him that 
the fellow was drunk. The policeman apologized 
for the poor drunken fool, and secured for Mr. D. 
a passage up stairs ; he then reported the drunken 
marine to his commanding officer. Mr. Dana is 
not the first respectable citizen of Massachusetts 
having business in the Court House, who has been 
! insulted by the creatures now employed to fortify 
^and hold it as a Bastile of the slave power. Shame 
'»\v Massaottttsftts ! Shame on her forever, if 



■ - 



For the Boston DHily Advertiser, "t — 
TO THE PATRIOTS OF BOSTON. ADJOURNED HEARING 

In view of the dangerous excitemen* which hai'L „ . ^ • • r 

prevailed here for the past few dav.?of the la "^ efore ^ Edward G ' L ° na *' Commissioner of 
less and shameful proceedings in Faneuil Hall and ,tie Circuit Court of the United States for the First 
Court Square— of the murder of a good citizen by Circuit and District of Massachusetts, in the case 

Zron'he'nJten^'^n T^ l'° ""^V* the \ of Anthony Burns claimed by Charles F. Suttle, of 
treason ne listened to in Faneuil Hall — it becomes . , ■. u- ■ \t- 

the duty of every good citizen to use all his influence, Vir S lnia > as owltl g labor and serv,Ce t0 hlm in V,r " 
great or small, in lavor of our Union and Laws. ginia, and as having fled to Massachusetts. 

The effect of the Nebraska follv has been to in- $ et h J. Thomas, Esq. and Edward G. Parker, Esq., 
duce many a citizen who would formerly have will- counsel for the claimant. 

ingly ventured his life in support of our laws, to lookftjchard H. Dana, Jr., Esq. and Charles M. Ellis, 
almost with approbation on the late atrocious pro- Esq., counsel for the alleged fugitive, 
ceedings. Some of our most respectable papers „' " „, on loc . 

Tuesday, May 30, 1854. 



instead of using the language of stern reprobation 
winch such events deserve, speak of them as almost 
excusable and as a deserved retaliation on the Soulr 
for passing the Nebraska bill. 

This is a most undeserved libel on the South, foi 
the Nebraska bill whatever its effect may be— and il 
as its friends promise, it will put an end to slavery 
debates in Congress, it is a happy effect for the slave 
—was originated by a Northern man and uassed by 
Northern influence. 

The present state of feeling cannot but be disas- 
trous; passion here is sure to excite greater passion 
in the South, and if it has any result it will be dis- 
union. 

Let us listen once more to the voice of that patriot 
and statesman Henry Clay. His opinion is well 
known that slavery can be abolished only by the slave 
States themselves, »and that all Northern excitement 
only postpones emancipation and if carried too far 
will bring disunion and civil war. 

Hejjsaid in 1839, and it applies with tenfold force to 
the present time,— "The abolitionists, let me suppose, 
succeed in their present aim of uniting the inhabi- 
tants of the free stales, as one man against the 
inhabitants of the slave states. Union on the one 
side will beget union on the other. And this process 
of reciprocal consolidation will be attended with al! 
the violent prejudices, embittered passions, and im- 
placable animosities which ever degraded or deform- 
ed human nature. A virtual dissolution of the Union 
will have taken place while the forms of its existence 
remain. The most valuable element of union, mu- 
tual kindness, the feelings of sympathy, the fraternal 
bonds, which now happily unite us will have been 
extinguished forever. One section will stand in men- 
acing and hostile array against l he other. The col- 
lision of opinion will be quickly followed by the clash 
ot arms 1 will not attempt to describe scenes, which! 
now happily lie concealed from our view. Abolitionists 
themselves would shrink back in dismay and horror 
at the contemplation of desolated fields, conflagrat- 
ed cities, murdered inhabitants, and the overthrow of 
the fairest, fabric of human government that ever rose 
to animate the hopes of civilized man. Nor should 
these abolitionists flatter themselves lhat, if they can 
succeed in their object of uniting the people of the| 
free States, they will enter the contest with a numer- 
ical superiority that must insure victory. All history 
and experience proves the hazard and uncertainty of 

war. And we are admonished by Holy Writ, that a "d when ho got through with the windows, I gave 
the race is not to the swift, nor the battle to the him a dollar and a half; he said I hadn't settled up 

with him right; he went to the clerk about it; I have 
that memorandum book; (it was handed to the coun- 
sel); on referring to this book I am able to stale 
that I did go with him at this time to South Boston 
to work. 

_ Cross examined. — Never saw Burns before I saw 
him on Washington street; he spoke to me first; 
don't recollect the day of the week; about the first 
of the week, I saw him just before the Common- 
wealth office; he was alone; it was between eleven 



The Commissioner took h'wseat at 9 o'clock, A.M. 
[ At about half past 9 o'clock Mr. Ellis resumed his 
argument in behalf of the negro. He contended that 
the warrant upon which Burns was apprehended was 
not sufficient, and that the charge was not stated with 
such precision as he had a right to demand. He con- 
tended lhat the record of the Virginia court would 
not be valid in Virginia to change the ownership of a 
slave, and certainly could not have more force 
here than there. He urged that the admissions said 
to have been made by the alleged fugitive ought not 
to have weight against him. He urged also lhat the 
title of Col. Suttle to the slave was doutful, since it 
appeared that he had mortgaged him with others, in 
which case the true title was in the mortgagee. He 
urged that an escape had not been proved: the pri- 
soner might have been brought away while asleep, 
without intending to depart, on board ship as he 
says he was. He contended that so important mat- 
ter ought not to be decided by the testimony of only 
one witness. He inveighed against the fugitive slave 
law of 1850, comparing il with that of 1793, and re- 
presenting that it had many extraordinary provisions 
the constitutionality of which was affirmed four years 
ago only as a matter of political expediency, a reason 
for sustaining it now no longer existing. 
^JMr. Ellis said he shonld introduce witnesses to 
prove that Burns was in this city early in March, al- 
though the claimant's witness, Mr Brent, testified he 
was in Richmond as late as the 20th. He concluded 
with an earnest appeal to the Commissioner to decide 
with independence and impartiality, in accordance 
with his well known candor, intelligence and justice. 
He spoke more than two hours. 

The witnesses in behalf of the alleged fugitive 
were then called, as follows: 

William Jones, (colored.) — resides in South Bos- 
ton; am a laborer; know Burns, saw him first on 
Washington Street the first day of March; ] talked 
with him half an hour; 1 employed him to go to 
work on the 4th day of March in the Mattapan works 
at South Boston; worked at cleaning windows; he 
worked with me there; he worked there with me five 
days; the day I saw him I made a minute of it, in 
Mr. Russell's shop and asked Mr Russell to put it 
down on my book; keep a memorandum; can't write 
myself; the entries were made in ihe book by Mr. 
Russell; I agreed to give him eight cents a window, 



strong, tfut if they were to conquer— whom would 
they conquer? A foreign foe — one who had insulted 
our flag, invaded our shores, and laid our country 
waste? No, sir; no, sir. It would be a conquest 
without laurels, without glory ; a self, a suicidal con- 
quest; a conquest of brothers over brothers, acheived 
by one over another portion of the descendants of com- 
mon ancestors, who, nobly pledging their lives, their 
fortunes, and their sacred honor, had fought and bled, 
aide by side, in many a hard battle on land and 

ocean, severed our country from the British crown ar, d twelve o'clock; he had on lightish pants; can't 
and established our national independence." describe his dress more particularly because it wasn't 

Let every man reflect on this, for it is no vision m y husiness to examine his dress; he had on a light 



but the prophecy of a wise and patriotic statesman 
As long as abolitionism was confined to a few fanat- 
ics there was little danger; but when honest and sen- 
sible cilizens allow their feelings to interfere with 
their regard for the law of the land, our existence as 
a nation is in danger. 

Let every good citizen of our patriotic cily now do 
lis duty and that duty is to sustain the laws with 
ieart and hand. Franklin. 



ish coat and cap; he asked me if I knew of any one 
that wanted a man to work in a store; I said what 
can you do? he said he could do most anything; I 
took him from there to Mr Russell's shop, and went 
from there to Mr. Favor's shop; Russell keeps in the 
next street to Water street; don't know his christian 
name; he keeps a boot black shop; stayed there five 



■tt* 



mtm 



minutes: went Irom there to Mr Favor'sTri Lincoln 
street and stayed there three quarters of an hour; 
then to "an an apothecary shop under the U. S. Hotel; 
I stayed there 25 or 30 minutes; I next went to 
Mr. Mattuck's in Essex street; he keeps a clothing 
store; arrived there about 2 o'clock; had nothing 
else to do but walk round the city; after leaving 
.Vladdox come down Washington street; went into 
Mr. Bell's, dancing master; he went there with me; 
didn't remain half a second for he wan't in; then 
went down Washington to Kneeland street and 
then went home »t South Boston; Burns went 
(with me; it was night when we arrived home; we 
(had not dined; I eat but one meal a day, and have 
no particular hour for that: it was a little cold; there 
might have been snow on the ground, but I don't 
recollect; don't recollect whether it snowed or rain- 
ed ; it might have rained twenty times, and I not no- 
liced it; he stayed with me that night, the next 
night, and the next, and the next; I never expected 
to see this that I see here now; the next morning 
after he went home with me, he came to the City 
Hall to see Mr. Gould; J went to see if there were 
any orders; it was between 10 and 11 o'clock; went 
to g<4 employment for myself; next went to School 
street; then went out on the neck to take a walk and 
«ee what I could see; did't call on any body but Mr. 
Gould; next day got up, washed my face aud hands; 
went to the Mattapan Works; saw Mr. Sanger, the 
boss; stayed two or three hours; talked with him 
about the job; went home about 11 or 12; Burns was 
with me all the time; went back to the Mattapan 
Works and commenced work at I o'clock; remained 
there till night; Burns was with me all the time;he 
helped me clean the windows; next morning went 
back to work with me; he had no trunk; worked all 
the next day cleaned windows; never keep the run of 
dav;weather,|nr the day of the week ; after finishing 
my work at the Mattapan Works went to City Hall 
to see Mr. Gould; Burns went with me; there was 
no work to be done and we went home then; on the 
18th day of March went to work at City Hall; he 
was with me there about three limes; he made (ire 
under the boiler for me as an accommodation; he 
stayed with me until the 18th; I left him here on the 
morning of 18th; never put eyes on him again until 
Sunday morning, when 1 saw him looking out of the 
window of the Court House; J stood on the opposite 
side; his head was out of the window; it was near 
i.2 o'clock; had been before to the Revere House and 
called on Col. Suttle; went on the Friday previous to 
see Suttle; it was Thuisday or Friday; saw a good 
many men beside Futile; didn't know any of them; 
had never seen Colonel Suttle any where else; 
might have seen him in Virginia; but I didn't know 
him; first heard of the arrest of Burns on Thursday; 
came into the Police Court and the Municipal Court; 
I heard there was a man arrested and I walked 
round here and I didn't believe; one of. the officers 
told me of the arrest; I stayed at the Court House 
all night Friday night, me and a watchman together 
protecting the city properly; I employed myself; 
didn't come into the Court Saturday because I couldn't 
gel in; nobody spoke to me about being a witness 
here; I came here because 1 saw this man looking out 
of the window. Had no conversation about testifying 
in this case till yesterday morning about 10 o clock; 
I suppose 1 have mentioned the subject of this mat- 
ter to a hundred persons, but cannot tell their nanus, 
except Mr. Mattucks; came here this morning with 
Mr. Lawton; went from this Court House at 7£ 
o'clock Saturday night and came back as the bells 
were ringing for church Sunday morning and went to 
the Revere House; was at meeting in Faneuil Hall and 
came from there when the meeting broke up; stood in 
Court street until the mob left the square, and then 
went up the square to protect tbe city property; first 
heard hirn call Anthony Burns on Thursday; a 
man read it from the newspaper; I called him John 
and Jack, or any short name that came handy; have 
not spoken to Mr. Carlton, an officer, since Friday 
or Saturday; spoke to Mr. Carbon in the Marshal's 
office; might have passed some words with him; 
didn't tell him that Burns belonged to Col. Suttle; 
applied to the Marshall for a permit to see Burns, 
and he said he wouldn't let his master see him; I 
didn't say if I saw Burns I would advise him to go 
back to Virginia. 



George H. Drew, was Dook-keeper at the 
tapan Works until the 18th of this month. Knew 
that Jones was employed about the 1st of March to 
wash windows at the Mattapan Works; he was there 
several days; there were two or three men with him; 
there was a colored man working with him; had not 
seen the prisoner at the bar from the time he arrived 
there until I saw him here yesterdiy; yesterday came 
in here and when I saw Burns recognized him; now 
recognize him; saw him before with Jones when 
Jones came to get a job, and I referred him to Mr. 
Sanger; I looked at this man and asked Jones, if he 
was his brother and he said all men are my brothers; 
about the first of March after I settled with Jones, 
Burns came to me and asked me how much 1 paid 
Jones, don't recollect the number of days they work- 
ed; have no doubt of the identity of the man; re- 
cognize him by his general appearance; saw him 
enough here to recognize him; when I came in yes- 
terday, Burns followed me all round the room with 
his eyes; I paid Jones for his work. 

Cross-examined. Shw Burns twice to notice him 
particularly ; one of these limes was when he cune 
to ask how much 1 paid Jones; and the other, when 
they came to see about the job; somebody sent for 
me yesterday noon, saying that I might be wanted 
as a witness here; was brought hero yesterday to 
look at Burns; Mr. Stetson came to me yesterday at 
my residence 13 Indiana Place; 1 hadn't been here 
before yesterday ; Stetson said I was wanted as a 
witness at the Court House; was outside of the 
Court House yesterday morning; was not outside of 
the Court House Friday or Friday night; was about 
here one hour on Saturday; 1 never noticed the 
scar on his hand; was not at the Faneuil Hall meet- 
ing on Friday. 

At 2£ o'clock, the case was adjourned until 3. 

Afternoon Session^ 

The Commissioner resumed his seat at three 
o'clock. 

After a short delay, Mr. Ellis recalled George H. 
Drew, who stated that he fixed the dale of Bums's 
employment by means of the record on his books of 
payments to Jones. He paid Jones $1 50 on the 4th 
of March, and $33 on ihe 28th of March, the last in 
full for services rendered at various times previous- 
ly—the last work had been done several days be- 
fore this payment. 

* James F. Whiltemore. Is a machinist. Resides in 
Boson. Is a member of '.he Common Council; was 
a director of the Mattapan Iron Works in March. 
Returned home from a Western journey on the 8th of 
March ; saw the prisoner on the morning either of the 
eighth or ninth of March cleaning windows at 
the office of the company, with Jones. Was 
there about an, hour. The prisoner is the same 
man. Saw the mark on his cheek, and observed that 
something was the matter with his right hand. Have 
seen him for some hours. These marks correspond 
with what I now see upon him. When I saw him in 
March, it was my first visit to the office after my 
return. 

Cross examined — Am sure about the date, because 
I know what days I left New York and Philadelphia. 
Had not seen Burns since I saw him in March, until 
this morning. I came into the Court Room to see if 
1 could identify him. Nobody asked me to come. 
When I came in, I took a sear, looked round, saw 
the prisoner and immediately recognized him; said 
so to Mr. Putnam who sat at my side. I heard last 
night at the armory of the Pulaski Guards (of which 
1 am a member) that an attempt would be made to 
prove that Burns was in Boston before the time of 
his alleged escape, and that he had been with Jones-j 
Am not a free soiler or abolitionist, but a hunker 
whig. 

Stephen Mattucks, (colored) live at 72 Essex 
Street: have a shop there: deal in clothing: was there 
in March. Know the prisoner by sight. He called 
at my shop with Jones about the 'first of March, one 
day at about noon. Jones said, " here is a man that 
wants some work." I said " 1 have none at present 
but my outside work will begin to be busiest in about 
two months, that is about the first of May.'' Retfol- 
]ecl distinctly that I said " about two months, that is; 



about the first of May." This is how I fix the date. 
Noticed Burus particularly. Observed the scar on 
his cheek, as he turned to leave the shop. Did not 
see him again until to-day. When 1 entered the 
Court Room I recognized him immediately myself as 
the same man. Nobody pointed him out to me, 

Gross-Examined — Have been in Essex Street since 
August 9th last — before that was at 474 Washington 
Street. Was not born in Boston. Burns was not in- 
troduced to me when Jones broughi him to my Store. 
Did not here him called by any name. Did not ask 
him any questions. My store is tolerably large. I 
was standing near the centre. There is but one 
window, and clothes were hanging in it. Do not 
know whether the day was warm, cold, fair, or 
cloudy. Do not know how Burns was dressed: think 
he had lightish clothes. Have had but two or three 
moments conversation with Jones: that was last night 
and this morning. Nobody has reminded me of the 
scar. Was at Faneuil Hall on Friday. Passed the 
Court House after the meeting: stopped in Court 
Street about 20 minutes. Did not see Jones then. 
TThe testimony of this witness was given with com- 
mendable clearness andfldistinctness.] 

William C. Culver. — Blacksmith : employed 
by Mattapan Company in March as foreman in their 
blacksmith shop. Recollect that Jones was there 
During March we began work 
it was during those short. days] 
those windows. 



We changed 



cleaning windows 

at 7£ and closed 6 : 

that Jones cleaned 

our hours in April. It was prior to April that Jones 

cleaned the windows. No cross examination. 

John Favor. — Reside in Boston : am a carpenter: 
shop on Lincoln street: saw Jones about the first of 
March at my shop, about 2 or 3 o'clock in the after- 
noon. There was a colored man with him. He was 
there fifteen or twenty minutes. Jones asked me if 
I could tell him where he could find employment for 
the colored man with him; did not see the colored 
man again till yesterday; before I saw him 1 thought 
1 should be able to recognize him if I saw him. 
I came into Court yesterday wilh Mr. Ellis and 1 
then recognized the prisoner as the colored man. I 
have no doubt about it in my own mind. Should 
judge it was between the 1st and 5th of March that 
I first saw him. I have r.o means of fixing the date. 

Cross examined — Jones did not mention the name 
of the colored person with him: I had a short 
conversation with the colored man: Have never 
seen him since that time, until yesterday. Expected 
to be able to identify him by his general features. 

B. H. JV. Gil man. — Live in Boston; am in 
wholesale grocery business. In March was in the 
employ of Mattapan Iron Works as a teamster: re- 
member Mr. Jones working for the company; he had 
a colored man with him about the first of March: 



windows. Further, in March we began work at 
and in April at 6^. 

Cross examined. — The change of hours in begi 
ning work shows that Jones was cleaning window 
previous to April. The job I began was the first par" 
of the month : am confident it was before the 3d day\ 
of the month; Have a memorandum showing when 
I began my job; looked at it on Sunday. Went to 
Mr. Ellis's office this morning at the request of Mr. 
Drew. Was never there before. There was nothing 
to connect my job with Jones's work. I began my 
job a short time before. It was cold weather when 
the windows were washed, so that it was uncom- 
fortable in the shop. _ The job is not done yet. 

Horace W. Brown : am policeman : reside in 
South Boston : have seen Burns before 1 saw him 
here: saw him cleaning windows at ihe Mattapan, 
Works, South Boston : I was then working as car- 
penter at the Mattap-in Works : left off work on 20th 
of March. We were paid on the first of the month. 
We had $1.50 a day. I was paid $19.50. Worked 
every day in March, except Sundays, until I stopped. 
It was sometime before £ stopped (hat Jones and his 
companion were working. I have no doubt at all 
that the prisoner is the same man. 

Cross examined — Was first spoken to about thii 
matter this afternoon. Had never spoke to anybod^ 
about it before. Heard it spoken of at the PolicL, 
office and came up here, of my own accord, and tol4 
Dr. York that I had seen Burns. Had never see^ 
him before since I saw him at South Boston. I carrn 
in to see if I could recognize him. I had heard tha 
Jones had been testifying here that the man who was' 
cleaning the windows with him was Burns. Had 
known Dr. York previously: he is my physician.— L 
Jones and his companion cleaned the windows a weeld 
or ten days (not more than ten days) before I left 
which was about the 20th of March. Did not hea 
the name of Jones's companion mentioned. Then. 
are no other circumstances enabling me to identif 
Burns than those already described. 

Mr. Ellis then said (23 minutes before 6 o'clock 
— This ends our case. 

Mr. Parker said that he had several more witnesse 
lo call for the claimant. 

Cyrus D. Gould. Did not hear Jones's testimo" 
ny this morning. I was at the City Hall about the* 
first of March: have been there in charge of the 
building nearly two years; am there constantly; was 
there duiing the whole month of March ; Jones work- 
ed for me at the City Hall on the 10th of March, 
two or three hours; he worked on the 16th and 17th 
for me in the Probate Court building, washing floors, 
cleaning up, &c. I did not see Burns with Jones anv 
of the lime. There was no man at all wilh Jones, 
Two women were working with him. A brother of 



noticed him at the time: observed the scar upon his mine <. Erastus B. Gould, has charge of the City 

face: saw him after the work was finished in the Building No cross examination, 
counting room on.: day. did not see him again until siias Car lion— Knows Jones by sight. Have 

this morning: have not been in Court before: saw had a conversation with him within a few days, on 

Jones yesterday who asked me if I did not remem- the subjects upon which he testified this morning 
ber the man in his employ last spring: noticed the 



prisoner Hums myself when I first entered: he was 
not pointed out to me: he is the same person that was 
at work for the Mattapan Company in March last. 
Cross examined. — Saw Jones and his companion 



Mr. Parker said he wished to disprove by the wit- 
ness Jones's statements, that he had never admitted 
that Burns belonged to Col. guttle, and that he never 
said that if he could see Bums he should advise him 
logo back. Mr. Dana objected to these questions. 



at work half an hour in all. Don't know what I A discussion ensued, and before a conclusion was 
was doing. Cannot say whether I was in the house rearmed, 
oi out of the house. Cannot tell whether 1 had any 



conversation wilh Jones or his companion. Left the 
employ of the Mattapan Company April 13th. We 
were paid off once a month : and as far as I can 
recollect I saw Jones and his companion about pay- 
day. I thought yesterday I should be able to identify 
the man if 1 saw him. Cannot say whether Jones 
reminded me yesterday of the scar : he might have, 
and he might not. Feel more certain that it was ihe 
first week in March than the second week that Jones 
and his companion were wotking. 

Rui us A. Putnam. Machinist: live in Boston: 
in March last was in the employ of the Mattapan 
Company : remember when Jones was employed 
with one or two colored men cleaning windows On 
the first of Maich I commenced a job and recollect 
that when I commenced it Jones was cleaning those 



At 6 o'clock the hearing was adjourned to nine 
o'jdojdduW^&a^-s^^^ [ 

5/ 



e « s ■ « I « < < l 



THE FUGITIVE SLAVE CASE. 

IXAACUCATIQH BSJTOSB U. S. CoaHCISSIOSEB LoBIKft. 






Wednesday, Mat 81. 
[In consequence of the character of the evidence 
given yesterday, so favorable for the prisoner Burns, 
the excitement in the vicinity of the Court House 
was very visibly abated this morning. At the open- 
ing of the Court there were but 200 or 300 persons in 
the square. In addition to the distinguished aboli- 
tionists of this city who have constantly attended the 
trial, Hon. J. E. Qiddings, of Ohio, was present for ft 

^' • , '»rt t'*T»<» Mils mmrnlnt 1 



HI 



Proceeding! 
o'clock. 



commenced at au minute, 



part 9 



Wto v « J(? . Partoftheconyersa- 



BratrMnra TEerraomr *os PBosacrmow- 



FED. 



coNTnr- 



!>«««, 5. <?o«W, sworn. Eesldo «« t»««* 

bin., but acouple of colored woS? n C eL,»^., wltl1 
ing; I am onlv at the hnii,i<I, " men > engaged in clean- 

mf brotherX J<J& 52** X^datf 2? ? lffht f ' 
never employed Jones myself ate ment ioned; 

Pr~^^ « of the 

moraines. 6 goe8 tnere nights and 



tion with Burns was with refeiwEit* ♦* +® 
been In Boston ; he «3d heh^hL« h het,B £ e he had 
months-perbaps a little siJvi been here about two 
time he wu in ScSmond V^'h*^ that be # re that 
where he was bora, Zw'hlnhe^S *** ab ° Ut 



moraines 



Bakkelder, sworn. Had 



with Jones , it was at the outside dSo? ofTfr ti0 ? 

Bu I l r :h a ? er ^ 0p0Sed t0 " bow h ? "^witness that 

th!I r ;? aDR ° bJeCted ° a the * roond Previously stated, 
that the prisoner's admissions should not be used 
against him; and further that the admin cot d 
not be used as rebutting testimony. 

Mr. Thomas argued that the main question was that 
of the identity of Anthony Burns. Is the person at 
the bar the same who is described in the record and 
by the testimony? He held that the evidence was 
conclusive on the point, and that said Burns owed 
service and labor to Col. Suttle, the claimant; and 
the witness offered was merely to show that Burns had 
admitted the fact. 

These points were alternately discussed at some 
length by the respective counsel. 

The Commissioner ruled for the present, that the 
admissions of the prisoner might be taken in the form 
of rebutting evidence, and to the point of identity, as 
going to show that he was not in Boston on the 1st of 
March. 

Witness proceeded. The conversation with Burns 
was ra the room in this building where he was con- 
fined ; I was appointed a deputy by the marshal to 
take charge of mm. 

Mr. Ellis remonstrated against any admissions, 
made under such circumstances, being reeeived. 

Mr. Parker thought they were competent, unless ifc 
eould be shown that undue influences had been exer- 
cised upon the prisoner's mind. 

Mr. Dana quoted from North Carolina decisions, 
that in the alleged relation of master and slave, the 
latter'e statement could not be taken as testimony un- 
der any circumstances. Mr. D. made a spirited ad- 
dress to the Court, asking that an end might at once 
be put here to the idea of petty officials worming out 
of the unfortunate victims under arrest in such 
cases, matter that shall be prejudicial to his legal 
rights. 

The Commissioner ruled that the testimony might 
be admitted if it were 6hown that no intimidation, 
threats or hopes were exercised to call forth the ad- 
missions. The witness was re-sworn for this purpose 
by the Commissioner, and was then specially exam- 
ined by Mr. Dana. 

Mr. Drew, re-sworn. I was sent for by the Marshal 
on Wednesday evening of last week, when the arrest 
of Burns was made; the message stated that he wanted 
to "use me;" I did not know the object till I came to 
the office. [Witness gave the names of several other 
persons employed by the Marshal.] Was not armed 
till Friday night, and am not now; have pistols and 
swords in the room where prisoner is kept; Col. Suttle. 
visited the prisoner on Wednesday night; the conver- 
sation with Burns, referred to, was on Friday or Safc 
urday; had a good deal of talk with him; did not i 
hear him told that he would have to go back to Vir- I 
ginia ; when he first came in he was a little intimidat- | 
ed : he has sinee been perfectly calm and in every way 
well treated ; have heard no one say anything intimi- 
dating to him since; have talked with him on various 
subjects, about life in Virginia and in Massachusetts; 
Bnrns can both read and write ; he has been furnish- 
ed with the newspapers, and also with oysters, candy. 
&c; even when attempts at " rescue were feared, I 
heard no one tell him if he kept still it would be bet- 
ter for him. 

Mr. Ellis argued that the nature of the circumstan- 
ces surrounding the prisoner was an amply sufficient 
'intimidation" to exclude any of his statements from 
being eonsidered as legal evidence. 

Mr. Thomas replied, in an opposite view of the cir- 
cumstances alluded to. 

The Commissioner ruled the testimony given to be 
admissible. 



The Commissioner stated, in answer to Mr Dana 
that the evidence just given should only be considered 
as rebutting evidence to the defence, aid not a S 
or corroborative for the prosecution. 

Mr. Parker stated that the claimant would here rest 
his case. It was now 11* o'clock. 

K. H. Daka, Jk., Esq., proceeded with his cloche 

iTfffft 1 * bCbaIf ° f the P ri80Der - He conTratu! 
lated the Commissioner upon his speedy reSom 

" °S an /i edi ° U8 h0ldin ° of 3 C °«rt; L CommoT 
wealth of Massachusetts, that she was about to bTre 

"hicrr a hTd° 6t h grieVOU9 iHCWbUS ' tbe third "M 
wmcn she had been partially weighed down- 

the United States Marshal, that his former except 
character was about to be restored, by his beS rid 
of hzspeculiar associates on this occasL althtugh^ 
wa to be feared that the return of the latter 
their usual avocations might endanger the peace 
the city, which had never been so safe as within 
past few days except at the single point where 
persons had been so numerously and "officially 
gregated together. ' 

cS^^fo ^amed SEi&S 
purposes without the aid of the Sited State! Sm? 
ry .force-when members of «T« h™ Bdjgjj 



obliged to attend Court need not be oblS to «S 
muster" through the ranks of foreigners and ifi™ 
be fonc f illS 80rt Wh ° Se ^^p1fS n n had r to 
It was an interesting and important fact that the 
very first case under the fugitive slave law was alto 
| gather a mistake-* mistake that placed a free San in 
a position woree than death itself, and SSy Tacked 
consummation from the fact that the advantage riven 
by the law was fortunately not availed of bvtne al- 
leged claimant when he came to see the "property" 
which had been put in his keeping. This case was a 
similar one in some respects. 

Mr. Dana here entered into an analysis of the evi- 
dence. There was a vagueness, an indeflniteness, a 
generality of description in the evidence for the 
claimant which could not establish a respectable 
claim to the possession of any piece of property- 
much Jess the prisoner at the bar. There was only a 
piece of paper, the real origin of which was not 
known, and the testimony of a single witness, a most 
important part of whoee story is clearly shown to be 
absolutely false. 

The evidence for the defence, on the other hand, 
was perfectly straigtforward. and the numerous wit> 
nesses plainly and fully corroborate each other. They 
prove in the strongest possible manner that Anthony 
Burn6 was at work for the Mattapan Iron Company 
at South Boston the first week in March, when it was 
solemnly sworn to by the slave-hunting witness that 
he did not escape from Virginia till the 20th of March. 

No complaint or affidavit is brought from Mr. Mills- 
paugh, to whom if anybody the slave legally "owed" 
service and labor" on a lease, that he had escsped\ 
They say he escaped in Capt. Snow's vessel, but they 
dared not summon the captain nor any living soul on 
board that vessei to show what time it was. They 
only resort to the meanest kind of evidence, that of 
the guard over the prisoner, to undertake to get in 
some confession from the admittedly intimidated 
prisoner that he had been here "about two months, 
and before that was in Virginia." 

Brent swears positively that he saw Burns in Rich- 
mond on the 20th of March, but this piece of evi- 
dence was utterly overthrown if he means the prison- 
er at the bar. Yet no correction is attempted to bo 
made. It was said that the man was willing to go 
back— if so what was all this parade of force for? 
We may expect a very "good time" truly, when next 
they get hold of a man who is not "willing to go 
back"' 

The Virginia Court record was fatal in its descrip- 
tion of the man, if for nothing else. It merely sets 
forth that he is "dark complexioned," with a scar on 
his cheek and a cut across nis hand. It does not state 
that he is a negro at all— and it is only of that race 
that slaves are manufactured. It does not state that 
he escaped from Virginia to this or any other State- 
he may, therefore, be still at sea, in Europe, or any 
where but here. If this record were good for any- 
thing, any dark complexioned man, having a scar 
and cut like those mentioned, was liable to arrest as 
Col. Suttle's slave. 

All the evidence in the case was thoroughly review- 
ed in a masterly manner, and every point most inge- 
niously tnrned for the benefit of the prisoner* 

«J^ b A reco I ds ^ e / e ^ ifted > almost Phrase by phrase, 
and flaws found to an indefinite extent. We have by 
no means attempted to give any connected svnopsis, 
as our limits would not permit. Mr. Dana is still 
speaking as we go to press, and it is on all hands ad- 
mitted to be one of the most powerful legal arguments 
fcc- ever made, and one of the best efforts of IxL pro- 
iessional life. e 



to 
of 

the 
these 
con- 



DAILY ADVERTISER. 



^THURSDAY MORNING. JUNE 1, 1854. 



* 



J ADJOURNED HEARING 

Before Hon. Edward G. Loring, Commissioner of 

the Circuit Court of the United States for the First 
Circuit and District of Massachusetts, in the case 
of Anthony Burns claimed by Charles F. Suttle, of 
Virginia, as owing labor and service to him in Vir- 
ginia, and as having fled to Massachusetts. 

Selh J. Thomas, Esq. and Edward G. Parker, Esq., 

counsel for the claimant. 
Richard H. Dana, Jr., Esq. and Charles M. Ellis, 
Esq., counsel for the alleged fugitive. 

Wednesday, May 31, 1854. 
The Commissioner took his seat at 9 o'clock, and 
proceedings were resumed at 20 minutes afterwards, 
the examination of the new witnesses brought forward 
in behalf of the claimant being resumed. 

Eraitus B. Gould: reside in Porter street, Boston; 
am a ship carpenter; have had the care of City Buil- 
ding for two years; kri° w Jones the colored witness 
in this case; he was employed at work in ihe City 
Building on the 25th of March; he had no man with 
him, but had a couple of colored women; I am only 
at the building mornings and nights; my brother sent 
Jones to me on the dale mentioned; never employed 
Jones myself. 

Cross examined — 'My brother has the care of the 
Probate office building, and goes there nigh's and 
mornings. 

Wm. H. Batchelder — Had a conversation with 
Jones; it was at the outside door of the Court House 
between 6 and 7 o'clock Monday evening. [Conver- 
sation ruled out.] 

Benj. True. — Have had a conversation with the 
prisoner within three or four days. 

[Objection was made by Mr. Dana to admitting 
this conversation; after argument on each side the 
Commissioner assented to receiving it at present, and 
would consider the matter further.] 

The witness proceeded to testify that the conversa- 
tion took place in the room where Burns was confin- 
ed; he was acting as a deputy marshal. 

[Objection was again made, but the Commissioner 
ruled that the evidence might be received if there 
was no intimidation; no threats or promises.] 

Witness proceeded — I was sent for by the Marshal 
on Wednesday evening of last week, when the arrest 
of Burns was made; the message stated that he want- 
ed to "use me;" 1 did not know the object till I 
came lo the office. Several other persons were em- 
ployed by the Marshal. Was not armed till Friday, 
night, and am not now; have pistols and swords in 
the room where prisoner is kept; Col. Suttle visited 
the prisoner on Wednesday night; the conversation 
with Burns, referred to, was on Friday or Saturday; 
had a good deal of talk with him; did not hear him 
told that he would have to go back to Virginia; 
when he first came in he appeared in some trepida- 
tion; he has since been perfectly calm, and in every 
way well treated; have heard no one say anything 
intimidating to him since: have talked with him on 
various subjects, about life in Virginia and Massa- 
chusetts; Burns can both read and write; he has been 
furnished with the newspapers, and also with oys- 
ters, candy, &c. ; even when attempts at rescue were 
feared, I heard no one tell him if he kept still it 
would be better for him. 

[Further objection was made, that the circumstan- 
ces implied intimidation. The Commissioner ruled 
that the witness might continue.] 

Witness continued — Part of the conversation with 
Burns was with reference to the lime he had been in 
Boston; he said he had been here about two months 
— perhaps a little short; said that before that time he 
was in Richmond, Va. Had some talk about where 
he wasborn and when he was bom. 



The Commissioner stated7 in answer to Mr. Dana, 
that the evidence just given should only be considered 
as rebutting evidence to the defence, and not as new 
or corrobalive for the prosecution. *** 

Mr. Parker stated that the claimant would here 
rest his case. It was now 11£ o'clock. 

Mr. Dana, after a short pause, began his closing 
argument in behalf of ihe alleged fugitive. 

He congratulated the Commissioner, Marshal and 
the State on the approach of the conclusion of the 
case. He reviewed the history of cases of rendition 
under the fugit ve slave act of'l850, and pointed out 
that the very first case, that of Gibson, was a mis- 
take, and dwelt upon the danger of mistake in this 
case. Jones was unimpeached — his testimony is 
supported by Mattucks, Drew, Whittemore and oth- 
ers, who all agree that the prisoner was in Boston 
early in March. This is proved beyond reasonable 
doubt. Bient's testimony is that ihe man who 
escaped was in Richmond on the 20th of March. The 
date ia material. Why is no affidavit from Mills- 
paugh produced? Why is not the captain of the ves- 
sel brought in? The absence of such testimony is a 
confession of weakness The few words uttered by 
the prisoner himself should be allowed no weight 
whatever. If Burns was willing to go back, why 
was he seized by six strong men? Mr. Brent's testi- 
mony should be received cautiously, for he is liable 
to bias in a matter like this which is... considered a 
pojnt of honor between Virginia and Massachusetts. 
He is clearly mistaken in the date of the escape— he 
may also be mistaken in the identity of the man. 

Mr. Dana objected to the mode of proceeding adop- 
ted by the counsel for the claimant. The act con- 
templates two- modes, one in § 6 and one in § 10. — 
Ihe counsel have combined these, and so invalidated 
both. 

The Statutes of Viiginia require proof of descent 
from a slave to prove a man a slave. The counsel 
for the claimant seem to have attempted this, and 
have not succeeded. 

They say lhat the slave was in Virginia on the 19th 
and was missing on the 24th. This does not prove 
lhat he escaped. Then they bring in admissions of 
the prisoner that he escaped but his admission does 
iii't prove anything of the kind. 

They then put in the record, but that record is not 
receivable according to the 10th section of the Act. 
That section provides, for a different tribunal. They 
bring merely parole proof. I ask your honor to hold 
that record to its strictest construction. 

But how are they to get over their own testimony ? 
The record says he owed service to Mr. Suttle, but 
their testimony shows that he in reality owed service 
to another person. 

This record says alfo that he escaped, but the tes- 
timony shows' that he did not escape. Can the re- 
cord stand under such circumstances? 

The record does not even say that the prisoner is a 
negro, simply a person of " dark complexion." Now, 
a record that does not describe a genuine negro better 
than that, cannot be received. The omission is fatal. 
There are all sorts of people with "dark com- 
plexions." There is nothing in it which decides 
whether he is either black or white. 

The record does not say that he escaped into ano- 
ther State. They endeavor to prove here by parole 
testimony that he did escape into another Slate, 
but there is no evidence in the record to lhat effect. 

If they mean to rely upon tho record, they will cer- 
tainly fail. Your Honor has no right to grant a cer- 
tificate without proof of escape into another State and 
there 1s no evidence in the record to lhat effect, and 
you can act only under this record. 

The statute requires that a man mu3t have escaped 
into this State, and this the record does not do. It 
does not pretend to be a transcript of a judgment even ; 
only a recital of the application of Charles F. Suttle, 
and a direction thai certain things proved should be 
entered upon a record, but where is the record; this 
record is not a recotd, but a direction to record. Ac- 
cording to Brent's testimony, Burns does not owe 
service to Suttle, but lo the mortgagee. Nor is it 
proved that the man ran away; he may have come 
here with Millspaugh's permission. 



-»ri, : .-..fc. rm*> ■» 






[VI r. Dana urged objections to the constitutionality 
of tlie law, quoting the late Robert Rantoul, Jr. He 
concluded by bearing testimony to the patience and 
liberality of the Commissioner and the fairness and 
kindness, with which he had extended to the alleged 
fugitive in the lime of his exigency, peril, stupefac- 
tion and intimidation, the opportunity for defence. 
The eye3 ol the nation are upon the Commissioner. 
The law shoufd be administered with strictness; and 
if the claim for service be not proved, freedom must 
be presumed: 

Mr. Dana spoke about four houre^and an interval 
of twenty minutes was then allowed to Mr. Thomas. 

At four o'clock Mr. Thomas began his argument in 
behalf of the claimant. 

He also had congratulations to offer on the ap- 
proach of the elope of the case. After but little 
preliminary, he urged the points of the case. Col. 
Charles F. Suttle asks not that the Commissioner 
pass judgment upon his ultimate rights to the service 
of Burns, but that he grant the certificate, which 
will suffer him to remove Burns to Virginia, without 
obstruction. The record of the Alexandria Court 
support his claim, provided the prisoner is the man 
described therein. The statute expressly provides 
that the record shall be conclusive. The only point 
remaining is, the identity of 1 this Anthony Burns now 
in Court, with the Anthony Burns who, it appears by 
the record, escaped from Virginia, owing service to 
Col. Suttle. This point is conclusively settled by 
the testimony of Mr. Brent, who has known Burns 
ever since he was 14 years of age. The description 
given in the record is sufficiently exact. The prisoner 
corresponds remarkably with the description. No 
other man could be found in Boston to fit the descrip- 
tion better. The name, too, is it proof of identity. 
His own counsel call him Anthony Bums. Prayers in 
his behalf are offered for Anthony Burns. It was 
Anthony Burns who escaped. 

But it is contended that this Anthony Burns was 
in Boston March 1, while Col. Suttle'3 Anthony 
Burns was in Richmond March 20. Mr. Thomas did 
not hesitate to say that he regarded Jones's s ory as 
coined — manufactured for the occasion. He whs 
supported only by those into whose minds he had 
thrown the suggestion that the prisoner was the negro 
who worked with him, and by Mattucks who had 
equal reasons for joining the deceit. Both were in- 
terested in making out a case. Mr. Thomas went at 
length into the testimony, laying open weak places 
in Jones's story. 

There is a discrepancy somewhere: Burns could 
not be in two places at once. Twenty such witnesses 
as Jones would not outweigh one such as Brent. — 
Brent speaks of the identity of h man he has known 
for years. The other witnesses speak of a negro that 
they have seen at most a few days, some only a few 
minutes. \ 

The complaint is a matter of not the least conse- 
quence. The alleged fugitive may be seized without 
any complaint. But suppose the complaint errs in 
the date of the escape: the great facts of the ^iscape 
and the service due remain. An intelligent and ac- 
curate man may easily forget a date: but his recol- 
lection of the identity of a person whom he has often 
seen, is not the less reliable. I know your honor so well 
thatl I could not mistake you on meeting you any- 
where: and yet I might easily assign a wrong date 
for our last interview. 

Even according to Jones's story, Burns was a stran- 
ger when he came here. Else why did he go round 
with him, take |him home, &c. I honor Jones for 
his hospitable conduct: but it shows the man to have 
been a stranger. Where did he come from? If he 
came from Canada, or Cincinnati, it would easily 
have been proved. He must have come from a 
slave State. He says himself he came from Rich- 
mond, Virginia. The precise date of his arrival is 
immaterial. 
We have thus four distinct and complete grounds on 
which to rest our claim, (1 ) the name of the man, 
Anthony Burns; (2) the description in the record 
which the prisoner answers; (3) the testimony of 
Brent; and to make all sure we have besides (4) the 
admission of the man himself. 



It is said his admission ought not to be credited. 
But if he were not really a slave, why should he ad- 
mit it? Suppose him really a freeman, unjustly 
seized: while he is in confinement, Col. Suttle, a man 
whom he would not know at all, enters, and forth- 
with he admits that he is a slave! The idea is ab- 
surd. 

The record is conclusive : not because the Consti- 
tution says full faith shall be accorded the judicial 
proceedings of other States, but because it directs that 
fugitives from service and labor shall be given up. 
Congress has the right to prescribe what shall be com- 

j patent evidence in U. S. Courts ; and Congress in 
the fugitive slave act has prescribed that the record 
shall be final and conclusive. 

The point made on the other side regarding the dif- 
ference between the 6th and 10th sections, simply 
amounts to this, that we have done more than is ab- 
solutely necessary. The case of Sims is a; precedent 
for our mode of proceeding. 

Mr. Thomas tidiculed the idea of introducing an 
affidavit from Miilspaugh. Affidavit to what ? The 
identity ? Miilspaugh has never seen the man here. 
The service due? We have better evidence of that 
than an affidavit. The escape ? The fact that the 
man is here, and is claimed, shows that. 

This proceeding, although not strictly "prelimina- 
ry" does not affect the right or title of Col. Suttle to 
service from Burns. The Virginia Laws allow 3uits 
for freedom to be brought by slaves against their 
masters, and provide for the payment of the expen- 
ses of such suits from the public tieasury. The 
Commissioner's certificate will allow Burns to be car- 
ried back to Virginia and nowhere else. If he is 
carried anywhere else — which it is not likely he will 
be — it will not be by authority of that certificate. 

Mr. Thomas said he would not go at length into 
the constitutionality of the fugitive slave law, for 
that must be regarded as established beyond all 
doubt. Our own Massachusetts Supreme Court has 
affirmed it. He would simply read from Story's com- 
mentaries a brief extract upon the subject. 

In conclusion he said that if a case had not been 
made out to the reasonable satisfaction of the Commis- 
sioner in support of the claim, he would order the 
discharge of the prisoner. Col. Suttle himself desir- 
ed nothing more. He defended the right and duly of 
counsel to act for clients under the fugitive law. The 
duty might be disagreeable but it was a duty. The law 
was not to be regarded as art idle mockery. He ex- 
pressed his confidence that the majesty of the law 
would be sustained: and that whatever might be the 
determination of the Commissioner, it would be a 
just and righteous determination. 

Mr. Thomas spoke a little more than two hours. 
It being past 6 o'clock, the usual hour for adjourning, 
the Commissioner said that he could not render a de- 
cision in a case burdened like this, with weighty ques- 
tions of law, 'and a serious conflict of testimony, with- 
out a careful review of the whole. He regretted that 
the excitement could not be immediately allayed, but 
could not give a hurried decision. The Circuit Court 
would come in Thursday, and he accordingly adjour- 
ned the hearing io Friday morning »t 9 o'clock. 

The Fugitive Slave Case. — The hearing in 

the fugitive case was continued yesterday from 9 in 
the morning until after 6 in the evening, without ad- 
journment. The hopes which the testimony of the 
previous day in behalf of the alleged fugitive had ex- 
cited, can scarcely be maintained. Nothing farther 
was advanced on that side. If Burns actually was 
in Boston from the 1st to the 20th of March, it :s 
somewhat remarkable that the fact can only be 
shown by a few chance interviews. 

The closing arguments on each side were made 
with great ingenuity and ability. We give in another 
column as full a report as our limits will allow, 
which, however, scarcely does them justice. 

The Circuit Court comes in today, and the room 
cannot thus be used for the hearing. Tomorrow the 
Commissioner will come in again and render his de 
cision, which is anxiously awaited. 



tenimlutdtjj* 



Boston, Thursday, J Basse 1» 1854. 




The FugEsiv© Case. 

It will be seen by our report, that the Com- 
missioner's Court is adjourned until Friday, 
when the decision will be given. It is the gen- 
eral opinion that Judge Loring will feel com- 
pelled to discharge the prisoner. We hope 
that this will be the result. The conspirators 
are alarmed, and violently angry at the turn 
affairs have taken, and it is feared that new 
attempts will be made to reduce Burns to 
slavery, with the law, if possible ; against the 
law, if necessary. The kidnappers and their 
counsel are desperate, and may resort to ex- 
treme measures. Bnt we rejoice to say that 
the public sentiment of Boston, sound and 
healthy in the outset, has for the last day or 
two become almost unanimous against the vile 
attempt to convert the city into a hunting 
ground for slaves. Scarcely a man is now to 
be found who does not denounce the whole 

proceeding. 

Many of our leading merchants have signed 
a petition for the repeal of the infamous statute 
under which these outrages have been carried 
on, and a public meeting is talked of to ex- 
press the opinion of this class of our citizens. 
The tools of the slave-catcher, especially Hal- 
lett, Parker and Thomas, are universally des- 
pised, and the military officers, many of them, 
and the police, are weary and disgusted with 
the wretched work which they have been inci- 
dentally required to aid. If illegal violence 
is attempted, or if a new warrant is obtain- 
ed, it will be very difficult to restrain the pop- 
ular indignation, which is every moment in- 
creasing in its intensity. We sincerely hope 
that the end of this week may see the slave- 
catchers driven away, defeated and disgraced, 
and that Boston may never suffer the injury 
and ignominy of another Fugitive Slave case. 
It has had enough of them. 



More United States Troops.— The Marshal, 
acting under special directions from Washington, 
not only keeps the United States troops quartered 
in the Court House, in outrageous violation of the 
laws of this State, hut on Tuesday brought in a re- 
inforcement from the Navy Yard at Portsmouth, 
N. H. The Boston Times says, the order for them 
was sent "yesterday at 12 o'clock, and at 7, P. M. 
they were here and quartered in the Court House;" 
and the Post says, " the whole country is looking 
to See how Boston will come out of this struggle." 
These mouthpieces of the slave power, acting on 
the assumption that slavery is king, do not hes- 
itate to sustain this rascally violation of the laws 
of Massachusetts. If they had any respect for 
law, or any regard for public sentiment in this 
State, they would not sustain this outrage to the 
laws, which our garrisoned Court House presents 
to all beholders. 

The Constitution of the United States declares 
that in all trials for crime, and in all cases where 
a question of property to the amount of twenty 
dollars is involved, the trial by jury "shall be pre- 
served." These principles are spurned and tram- 
pled under foot by that infernal fugitive slave bill, 
which the army and navy are employed to exe- 
cute. United States troops have no more righ f , to 
be quartered in the Court House of Suffolk coun- 
ty, than Watson Freeman has to officiate as Gov- 
ernor of Massachusetts ; but they are there, in de- 
fiance of law and right, to sustain the trampling 
out of these principles. A law of this State says, 
our public buildings shall not be used by the of- 
ficials of the general government, as jails; but, in 
defiance of this law, and in utter scorn of public 
sentiment, these officials transform our Court 
House into a slave jail, — a fortified Bastile of the 
slave power. 

And yet these Boston mercenaries of the slave 
power, these "pliant and degenerate Greeks," 
despised while used by that power, have the au- 
dacity to talk as if they were supporting "the 
Constitution and laws," while sustaining this hell- 
ish invajmn^f a b^b £fe ^ s ^ giaea ^ 3sa ^ 4& ^^^s(s^c-_ 



The CotTBT House. We hear that the J^gesof 
the Supreme Court are justly indignant at the recent 
proceedings within the walls of the C^H^ 
Some of them declare that they will not hold. Court 
in a building filled with armed men, » **?*** \ 
comport with their views of the calm and dignified j 
Station of the law, to hear case, amidst the 
excitement produced by the prostitution of the Tern 
pie of Justice into a slave pen. 

A judge of one of the Courts informs us that his 
entrance to the building was resisted at the point of 
tbe bayonet by a marine on guard. As he was about 
to order the county officers to open the wide doors ot 
tbe building on the Court street end, so that he couM 
gain admittance to his own room, he was recognized 
by a civil officer, and thus was able to pass tbe mili- 
tary guard. 



WEEKLY CHRONICLE, 

PUBLISHED EVERY THURSDAY AFTERNOON, BY 

ROBERT C. NICHOLS. 

JOHN H. WARLAND, Edisor. 
Office No. 15 S ta te " stre ^ t * 

The Afooliision Detssons iraiion Asaiass: the 
Fngisive Slave Law. 

The city for a day or two past has presented an 
unwonted spectacle— one as disheartening for the 
moment, as it is repulsive, to those who can 
have little sympathy with the doctrines of the 
ultra Abolitionists among us. This class ofj 
agitators, since the passage of the Nebraska 
bill, appear to have become infuriated and 
reckless beyond all precedent and example- 
eager for an opportunity to give an exhibition of 
their worst temper and embittered feeling against 
the South— and unfortunately an opportunity 
presented itself, at a moment most desired by 
them— most undesired by others. A fugitive 
from service is arrested under a law of Congress, 
and taken into custody by an officer of the federal 
government— and what have we since seen ? A 
meeting is'held in Faneuil Hall, at which open 



and forcible resistance to the execution of the 
law is recommended by gentlemen of high, social 
and literary position, and the rescue of the alleged 
slave is urged by them upon the audience as a 
high and patriotic duty. There is no equivoca- 
tion — no cowardly hesitation in the language they 
employ to counsel forcible assistance. They speak 
out with a boldness which implies earnestness of 
purpose, and even reduce the utterances of their 
lips to the deliberate sentences of written resolves. 
The master-spirits of the demonstration, among 
the audience, became excited to the highest pitch 
by the earnest appeals and counsels of the 
master-spirits on the platform. They are 
determined— bent on mischief, regardless of 
all consequences, though they may lead to an- 
archy and bloodshed. They rush from the Hall 
to the Court house, where, in the darkness of the 
night, an organized mob attempts therescue of the 
prisoner confined there. Having just been coun- 
selled by the rioters that he must not and shall 
not be carried from the city — that his trial is aj 
mockery, an outrage not to be tamely submitted 
to — they are prepared with such appliances as 
will accomplish their purpose if any can do it. 
The door is beat down and an entrance attempt- 
ed, but successfully resisted. Pistols are fired — 
knives and bludgeons are brandished, and at last 
a citizen of Boston is stabbed or shot dead at his : 
post, while in the discharge of his duty under the 
orders of the United States officers. The State 
military are called out and kept on duty with 
loaded muskets to preserve order — and Govern- 
ment troops are marshalled into the city, to pre- 
vent a forcible resistance to a laws of the Unit- 
ed States. The military are still on duty, and 
the metropolis may be said to resemble at this 
moment a garrisoned city which in time of war 
defends itseif against attacks from without, rath- 
er than one which in time of peace and prosper- 
ity has or should have nothing to apprehend from 
attacks from within. 

At the time of Shadrach's rescue, Mr. Webster, 
as Secretary of State, thanked the Mayor of the 
city, in behalf of the President, for the assurance 
that prompt measures had been taken to prevent 
the recurrence of any such demonstration. " If, 
(he wrote) this event shall arouse the attention of 
all good citizens to a sense of the dangers to be 
apprehended from the inculcation of such doc- 
trines as have been spread abroad in the country, 
tending to shake the authority of all law, to 
unsettle society, and to absolve men from all 
civil and moral obligations; and shall put 
them on their guard against the further 

DIFFUSION OF SUCH PERNICIOUS SENTIMENTS, it 

may in the end, be productive of happy re- 
sults." The results, if we may judge from the 
demonstation now in progress, so far from having 
been fortunate, have been disastrous — and to an 
extent hardly foreseen by the sagacious statesman. 
The doctrines condemned by him as so pernicious, 
are at .this moment preached with more boldness 
and recklessness than they were three years since. 
They are not only announced from the rostrum, 
and from an occasional press and pulpit, with a 
new infusion of bitterness and denunciation in the 



hearts of those who utter them,but a determination 
is also avowed to carry them out by force. There 
is as much true conservatism in the community as 
ever, and as little disposition in the popular mind 
to give its assent to the factious, lawless and dis- 
organizing doctrines of the ultra agitators as at any 
previous period. But circumstances have to some 
extent favored this class, till they have at last be- 
come bold, impudent, and reckless almost beyond 
belief — preachers of doctrines which, if carried 
out, would bring upon us i evolution and anachy. 
No one can read over the speeches made at the 
Faceuil Hall meeting, on Friday night, and the 
resolves adopted by it without, in his own 
mind, holding their authors responsible as the 
immediate instigators and perpetrators of the out- 
rages which followed. The annals of ultraism 
or fanaticism, within ourown borders at least, may 
be searched in vain for a parallel to the atro- 
ciously incendiary utterances of the meeting in 
question. The repeal of the Missouri Compro- 
mise — however unpalatable ifc may be to the Abo- 
litionists or others, affords no justification for the 
proceedings which have resulted in the shooting 
down of a citizen of Boston. They can go the 
length of petitioning for the repeal of the Com- 
promise under which the Fugitive Slave Act be- 
came the law of the land — but not of forcibly 
resisting that law while it stands. That is to say 
—they cannot do so as good citizens — who are 
loyal to the Constitution of the United States. 
The action of their leaders in such a case as that 
now presented — they do not seem at this moment 
to consider — does not affect themselves only, but 
the entire community — the great mass of the 
people who are quietly pursuing their business, 
as well as the few who sympathize with themselves. 
The duty of the good citizen, when laws, state 
or national, are passed, which do not command uni- 
versal assent, is plain and clearly defined. It is 
to acquiesce in them, to sustain them, and dis- 
countenance a violation of them. On no other 
principle of action could the republic prosper or 
the community, organized each under its own 
constitution, and the whole under the greater and 
paramount federal charter — hold together in peace 
and fraternal concord. The only remedy which 
the citizen has against the evils resulting from 
the operation of unpopular laws, whether depriving 
him of his natural rights and priviliges, or his 
property, lies in thelaw-making power itself. He 
can demand their repeal and give his labor, and it 
may be the labor of years, to the accomplishment 
of the great purpose of his heart. This is his 
undisputed right — his inalienable privilege at all 
times. It is one that is no,t denied to him or mod- 
ified in view of the fact that what is regarded by 
one individual or one section as an unjust and op- 
pressive law, may be considered quite the reverse 
-by another individual, or another section. But 
his action or conduct should be in correspondence 
— and if he be a loyal citizen — one who loves the 
Union and the particular commonwealth of the 
sisterhood of States composing it — to whose keep- 
ing his interests are more immediately entrusted 
— who respects and sustains the government of 
each and the government of the whole— his first 
impulse and his last resolution will ever be to 



yield submission to the laws, while they stand ) 
as laws, at whatever peril or sacrifice. The 
love of law and order — united with a determina- 
tion to prevent anyforcible resistance to the statutes 
of the land — is too firmly seated in the breasts of 
the citiz'<ensof Boston, and of Massachusetts, to ad- 
mit of their countenancing for a moment the in- 
surrectionary doctrines so earnestly inculcat- 
ed by the abolition orators, and so disastrous- 
ly enforced on the steps of the Court House. All 
good citizens should unite in opposition to such 
demonstrations and lend their aid to the proper 
authorities in putting down unpatriotic, if not 
treasonable designs against the peace and best 
interests of the community. That they are ready 
to do so, the events of the last day or two afford 
abundant evidence, and we trust and believe that 
the crisis is passed and that the worst is over. 



Incidents ©f Monday. 

On Monday morning, about eleven o'clock, the Union 
Guards, Capt. Brown, who had been on duty all day Sunday, 
were relieved by the Boston City Guard, Capt. French. 
After 12 o'clock on Sunday night, up to noon on Monday, 
all was quiet around the Court Mouse, although a large 
gathering of people was present. 

Worcester Delegation— Meeting at the 
Mconaou> 
At half past twelve a number of persons marched in pro- 
cession around the Court House, hearing at their head a 
blue silk banner, on which was inscribed, "Worcester Free- 
dom Club"— "True to the Constitution and the Union." It 
appears that a delegation of about 200 individuals came 
down from Worcester to "watch the proceedings," and 
marchei from the depot to Court square, where their num 
bers were much increased by additions from the crowd. 
Their advent in the square was hailed with cheers and 
shouts, and having quickly marched around the building 
they proceeded to the Meonaon Hall under the Tremont 
Temple, where an informal meeting was held, Dr. Orarnen 
Martin, of Worcester, appearing to preside. 

William Lloyd G ,rrison and one or two other personage?, / 
had made somewhat excited addresses to the meeting, when ! 
Mr Stephen Foster of Worcester, the well-kirwn non-resist- 
ant lecturer was called upon, and addressed the meeting. 
He said that his peace principles were well known to most 
of those present, and as he had but lately arrived at the 
cene of action, he could not be expected to give advice a> 
to what was to be done,— that was for the meeting to decide 
He, however, would go with the rest. If jt was deemed ad- 
visable to make a dern nstration to-day, he was ready to go 
as far as his poor physical health would permit. He thought, 
however, 'hat as the forces of the Government were disci- 
plined and organized, it would, perhaps, be futile to make 
any present attempt at a rescue. He was for organization 
in ev^ry city, town, village and hamlet in the State, so that 
if this present out age is to be consummated, it shall be the 
last. 

A person by the name of Hanscom next snoke to the meet- 
ing He stated that a committee had waited upon Governor 
Washburn to urge him to insist with ail the power he could 
command, upon the serving of the writ of personal replevin 
that has been issued in the case of Burns, but disregarded 
by tbe United States Marshal. The speaker stated that in 
case the Governor did not order his troops to back up the 
writ, there was a Coroner of Suffolk county who would make 
the attempt, provided he had furce enough toma'>e the trial 
effective. The speaker then called upon all those in the 
meeting who were ready to f>rm a. posse comitaius to as 
sis', the Coroner in the execution of the writ, to rise in their 
places. A large number of persons arose, but on the RfTeak-tj 
er's culling their attention to the serious nature of the ser 
vice required many of them again sat down. 
Secret Committee 
A motion was then made that a committee of three be 



tnose willing to serve, xms motion nowever was obje<¥ e 
to, on the ground that ther- was already existing a vigila^. / 
committee who were the ones to report to, if to any 

Many persons then inquired where the committee w/ 3 
in session, and who they were. The Chairman replied th 
their names must be kept secret, but he would vouch that' 
they were active and tfouragerus men. 

It seemed then to be generally agreed that those disposed, 
should hand in their names to the committee, who it was 
stated were convened in a room under the office of the Su- 
perintendent of the Temple, and a partial movement was 
made in that direction, when Hanscomb stated that unless 
an applicant was vouched for, as one engaged in the cause 
and known to be true, he could not be admitted The enrol 
ment we suppose was carried on, as persons were continu- 
ally moving in the direction of the room, one at a time being 
admitted. 

Dunng the meeting cheers were given for various indi- 
viduals, among others, for his Excellency Gov. Washburn, 
for whom six cheers were given, upon the assurance from 
the Chairman that that functionary was with them in spirit 
and sentiment. 

One of the speakers urged immediate action, as "delays 
were dangerous " and stated that a steamer was kept fired 
up at the end of India Wharf to carry off Burns as soon as 
he is given up. 

The Tfanmer Seizure. 

The Worcester delegation, after the meeting broke up, 
marched back to Court square, and paraded once round the 
Court House and were proceeding to repeat the rou'e, when 
Deputy Chief Ham assised by two or three officers, took 
possession of their banner and placed it in the Police Sta- 
tion. No resistance was made t^ the seizure, and the par- 
ties who were carrying it about left the square after their 
loss Subsequently abnut 5 o'clock, one of the delegation, 
named Thayer, who is a lawyer in Worcester, went into the 
Station and requested that the banner might be returned, 
and upon his solemn promise that it should not again be 
unfolded in this city, n:r until it reached Worcester, Deputy 
Chief Ham delivered the same to him, furled. 

Instead of doing this, however, about quarter past five 
o'clock, the same banner was displayed in front of the Court 
House, and in quick time it was torn in shreds by a portion 
of the crowd. Tne staff was deposited in the Chief's 
office. 

Court square was cleared by the Police at about 6£ 
o'clock, and a man named James II. Fowler who refused to 
move off was arrested and locked up He however was 
shortly released, when he at once went back into the crowd 
where his excited speech and action quickly led to his sec- 
ond incarceration. : 

Arre t of Mrs. TlincUlfy* 

The woman, Hinckley, who we have already noticed, re- 
appeared in the morning and urged in vain her rightto ad- 
mis ion inside of the Court House. She left apparently 
disgu-ted with the officers, but returned in the afternoon, 
and after a vain urging of her suit, she sat down on the 
Court House steps and proceeded to read a volume which 
she brought, with her. At the dispersion of the crowd .she 
became violent in her behavior and was carried to the lock- 
up and detained about two hours and was then released. 
She is apparently a very respectable 1-idy, and evidently is 
acting upon principle — she would make no promise as to 
her future behavior on her release. Caleb A. Webster of 

Salem and Wright of South Boston were also locked 

up for haranguing the crowd. 

A gentleman by the name of Judd, who resides in Water- 
town, was arrested by the Police, and somewhat needlessly 
beaten by them at the time. He was subsequently set free. 

Depastatti^n to the Mayor. 

Shortly after 8 o'clock a deputation from the Worcester 
delegation waited on the Mayor, and complained to him of 
the action of the Police in the matter of the destruction of 
their banner. His Honor assured them that the Police had 
no hand in the matter, but that the deed was done by the 
'■utsid rs. The delegation shortly withdrew. We under- 
stand that the Bay State Club have tendered the U. S. 
Marshal 1500 men, to enforce the law 

The Independant company of Cadels, Lieut. Col Thomas 



appointed to go among the audience and take the names of c Amory, and the Boston Light Dragoons, Capt. Isaac 



Hu'l Wright, were ordered out by Maj. (jen Edmafids,~and 
reported themselves These companies, together with the 
City Guards. Capt. French, who are stationed in the City 
Hall, and the Washington Artillery, who are quartered in 
the Armory of the Light Guards in School street, constituted 
the State Military force on duty yesterday. 

inquest on tine Body of Mr- "^atcSaelder 

Coroner Smith at 4 o'clock commenced holding an ii quest 
in the case of James Batchelder, the U. S. special officer 
who was killed during the riot on Friday night last. By 
advice of the District Attorney, the testimony will not be 
made public until the inquest is concluded, which may not 
be for some days to come. 

We iearn from good authority that various parties and 
Clubs in Worcester county and city have held meetings and 
voted to come to Boston to watch the proceedings of the 
case now pending. 

Circumstances of ihe attempted Purchase 

of Bisrsn. 

The following explanation of the attempted negotiations 
for the manumission of Anthony Bnrns, the alleged slave, 
on Saturday, is furnished by Mr. Edward G. Parker, one of 
the counsel for the claimant : — 

At the time of opening the hearing before Commissioner 
E. G. Loring. in the case of the alleged "fugitive from ser- 
vice and labor, "Anthony Burns, I was told tint if th j claim- 
• ant would consent, $1200 could be raised within five min- 
uter to buy the freedom of aid Burns. 1 advised with 
the claimant, and he consented, provided it were dune forth- 
with. I then myself drew up a paper for subscriptions 
theref >r, to wit: buying the freed' m >f said alleged slave. 
Subsequently I drew up another paper of similar character, 
for the Rev. Mr. Grimes, the colore - clergyman, but I told 
him, and assured him. over a* d over again, that the whole 
matter must be fully arranged and completed absolutely 
forthwith and certainly that day, or the claimant would be 
released from all assent to the agreement, wh ch he had only 
made, to show that hejjwas not harshly disposed towards the 
boy Anthony B. rns. At 8 o'clock P. M. in the evening, 
only $800 had been raised. Knowing then that the matter 
must be very speedily consummated, if at all, I t«>k another 
subscripti >n paper and went with other geatlemen to the 
houses of several persons, to ask their cpnttibu'i ns; telling 
them no time was to be lo-t. Finally, about 11 o'clock at 
night, a eitizen of Ho-ton put into my hands a check for 
$100, payable to my own order, exp-es-ly st pulating that I 
should not endorse it unless the freedom oi said Burns was 
obtained that night 

Both the counsel for the claimant then went immediately 
to the office of the Commissioner who issued the warrant: 
Here a deed of manumission was drawn. The said Com- 
missioner and both the counsel then went to the United 
States Marshal's office to complete the discharge of said 
Burns. It wanted about a quarter of twelve o'clock when 
we arrived at the Court House, t-ome discus-ion then 
ensued between all parties, the United States Commissioner, 
the United States Attorney, and the counsel for the claim- 
ant, as to whether it would be necessary for the claimant to 
be brought down in person, to entitle the C immissioner to 
discharge said Bums, and also as to the protection of the 
United States Marshal from the costs of all the military and 
other extra expenses in case of a volu tary discharge of the 
person cliimed The st ituatory costs, although the claimant 
had not agreed to pay them,. it was understood there would 
be no difficulty about. Before these two mutters cou'd be 
arranged, the clock struck twelve I then told the Rev. 
Mr. Grim s that, inasmuch as the money was raised b fore 
twelve o'clock at night, I th -ught the claimant ought not to 
re ire from the bargain u less the parties withdrew the 
proffered money. The next morning being Sundays the last 
mention- d check of $400 was 'withdrawn from me by the 
drawer thereof. This wholly abs lved the claimant from 
his agreement. And now. the claimant heing advised 
thereto by many lovers of law and order, declines to nego- 
tiate further until it is established that the supremacy of the 
law can be maintained. 

Repeal Petition 

•§j,The following petition was on Monday placed in the Mer 
chants' News Room: — 

To the Honorable Senate and House of Representat'ves, 

in Congress assembled. 

The undersigned Men of Massachusetts; ask for the re- 
peal of the act of Congress of 1850, known as the Fu- 
gitive S ave Bill. 

Dated at Boston, May 29, 1854. 

The petition was signed by John II. Pearson, Francis 

B. Fay and many others of our most prominent mer- 
chants. At 9 o'clock there were~90 names appended to 
the paper. 

At 11 o'clock last night but very few persons were lin- 
gering around the Court House, and all was quiet. No ar- 
rests were made last night 

Food for Tna Military Force. Some difficulty was ex- 
perienced on Saturday last in pro-uring refreshments for the 
Uoston companies under arms. The eating houses in the 
vicinity of tiie Court House were overwhelmed with busi- 



ne„ ana could only furnisn rooa lor tl.e force m the pay of 

Sf Y n i >■ * eS Marshal - M '-- Smith, Ihe caterer, (him- 
self a fugitive,) could „ (J t induce his colored assistants to 
wo, k ,n preparing refreshments for the troops. One or two 
^,f t ' WWe T' Wh '; Se ,ibei ' ty hai1 b " en Phased by 

ulmnll ? "' tnlUt f ' y A * iendS ' eXeited themselves to tb.3 

utmost in repaying this kindne>s. 

Our military friends and all others can but honor that 

rant™?" r ent T hKh - dk:tltfcdt! ^ course of those igno- 

wh !l ' ,!' ,T l0red T en ' in refusir 'S to work for those 

TrunlcrUt] **'* * the authorkits *° bear arms. 



Incidents of Tuesday. 

The crowd around the Court House was much smaller 
Tuesday than it has been during any of the preeding days 
of the excitement, and good order and quietu ie has very 
generally prevailed. At the City Hall, the City Guards were 
relieved at an early hour, by the Roxbury Artillery. The 
Mechanic Infantry and the Boston Light Dragoons were 
also under arms yesterday. The examiation of the rioters 
will be found in our police report. 

The Banner Seizure Again. 

Mr. Adin Thayer, of Worcester, the excited individual 
who was the standa d bearer of the "Freedom Club" of 
that city, publishes a card, in which he denies that he prom- 
ised not to again display the banner in Court sqare. ifl 
case it was retored to him by the police. We learn at the 
police office, from the deputy Chief, that Thayer did make 
the promise, and that it can be abundantly proved. As 
to the second seizure and destruction of the standard, our 
statement in yesterday's paper that the police had no hand 
inthe matter, is strictly correct. We give, however, 

The Other Sid.' of the Story, 

It was stated by Mr. Stephen S. Foster, of Worcester, in 
the anti-slavery meeting yesterday afternoon, in answer to 
a sort of a taunt thrown out by one of the Boston agitators 
(whom Mr S had been decrying as lacking in spirit,) that the 
Worcester people, after all their talk, had allowed their ban- 
er to bi wrested from then -viilnut a struggle. That the 
Worcester people adjourned from Meonaon Hall on Satur- 
day, with the understanding to meet again in Court square, 
and that the signal for meeting was to be the erection of the 
banner. The standard was accordingly raised, but instant- 
ly, before any of its friends had time to rally around it, it 
was seized by the police and forcibly carried off from the 
person having it in charge. Mr. Thayer, continued he, sub- 
sequently went into the police station, and demanded the 
standard, and it was rendered up 

Afterwards, on its being carried into the square, it was as- 
sault-d and torn, but not without a des erate resistance on 
the part of its followers; one of whom, said Mr. S., a col- 
ored man, had the satisfaction of soundly belaboring the 
head of one of the minions of the law with the staff, before 
it was given up. 

It was also stated that an action would be commenced 

against the officers, for their unlawful action in the matter of 
the seizure 

Struggle in the Court House. 

About noon, yesterday, Mr. Albert G. Browne, the father 
of Albert G Browne, Jr., (one of the rioters who is under 
arrest for the murder of James Batchelder,) attempted to 
force his way up stairs in the Court house; he was repu sed 
by the United States troops who are on guard, and was 
ejected from the premises. He r sisted most stoutly, and 
his shouts of rage and his startling c;ies of murder ! mur- 
der ! ! resounded all over the house, creating quite a general 
stampede of officers and others to the scene of the struggle. 
Mr. Browne showed a pass from Marshal Freeman, but it 
was disregarded. 

Arrival of More Marines. 

Yesterday afternoon a company of 30 U. S. Marines under 
command of Capt. W. F. You g, arrived in the city from 
Fort Constitution, Portsmouth, N. H. 

Guard in the Court House. Or. Tuesday we alluded to 
the rudeness and uncalled-for violence of certain officials in 
the Court hou-e, by which members of the bar and of 
the press were repulsed with bayonets. It gives us pleasure 
to say that no such orders were given by Marshal Free- 
man, Peter J. A. Dunbar, Esq., Tir Capt. Rich, of the 
Marine Corps; these gentlemen have extended every 
civility and courtesy possible under the circumstances 
to all who had business in the Court room. The 
violence of which we complained' was by petty officials 
who showed by their manners a lack of common courtesy 
and a total unfitness for their office. We will say in refer- 
l ence to the Marines under command of Capt. Rich that they 



/ 





















. - 



RICHMOND EXAMINER. 

FRIDAY MORNING, JUNE 2, 1854. 

T»ie «. ase of Tony. 

On a Y< akee schooner that sailed from this city 
Sb few nsontbs ago, there embarked (we suppose as 
@ ibin passenger) a stout, hale, hearty negro fello^ 
bf the name of Tony, belonging to Chas. F. Sut- 
tee, of Alexandria. The object of the trip on 
Tony's part, seems to have been simply to see the 
World, Of the purposes and motives of the crew 
of the craft in taking him hence, we know noth- 
tii/j and are left to very natural conjecture. 

k v. Settle last week proceeded to Boston for 
the purpose of reclaiming his property, having 
1® rned that Tony had thoroughly satified his cu» 
si©$ ty and desired to return home. 

On Wednesday of last week, Tont [alias An-| 
$Bomr Burks, in Boston) was quietly met in the 
gtre te of that city and t ken into custody by the i 
&dtral Marshal of the District. He was taken forth- 
with before one master commissioner LoRiNOjWher*^! 
amon;8t other things, the following conversation 
•eeurreu in the legal elimination that ensued ; — 

Mr. Suttle (to Tony.) Have yeu not always received 
fe£& 1 treatment from me ? 

Tony. Yea. 

Mr. Settle, I'ave-t not always permitted you to go 
whjre, iind work for whom you pleased? 

Tony. Yes. 

Mr. feJuttle. When you was sick, did 1 not give up my 
cwi bed that you might be made as comfortable as pos- 
sible? 

Tony, (affected to tears). You did, master; you did, 
Mad master. 

Mr, Suttle. J)o you want to go back to Virginia ? 

Tony. I do. 

Mr. Suttle. Will you go back ? 

Tony. I will. I want to go to-day. I'm good deal 
iMippier at home. 

The affair soon got wind in Boston, and the 
Btwspaper paragraphs, and telegraphic dispatches 
from that city, given in our last Tuesday's and to- 
day's issues, tell the history and sequel of Tony's i 
ease. The latest accounts of the legal proceed- 
ings consist chiefly of perjured statements of 
a large number of suborned witnesses in sup- 
port of Mr. Weller's favorite plea of u halibi." — 
This last phase of the case is peculiarly Bostonian. 
They have little regard for the Gospels there, 
and seem to have a charter as illimitable as the 
winds to swear to what they please; provided it be 
in behalf of runaway negroes, and in overthrow ! 
©f the 1 '.ws and Constitution of the Union. 

The advices we publish show with what high hand 
the Boston people are playing the game of treason. 
They present tho Athens of America in the charac- 
ter of a Zoological Garden— a den of wild beasts. 
We doubt if the flat-boats of the Mississippi, the 
pirate islands hi Texas, or the hells of California, 
deserve & more unenviable reputation for cut- 
throat violence and rowdyism than puritan Bos- 
ton. In these, but one class of characters— vaga- 
bond, ignorant, depraved, desperate outlaws — ■ 
are actors. In Boston, men of education, influ- 
ence, position, eminence in the community, carry 
bowit-knives, revolvers and sword-canes, howl like 
drunken rowdies in the streets, and shoot an* 3 
stab each other in melees. J 



The ringleaders in these disgraceful proceed- 
ings invoke the name of humanity and of Al- 
sughty God. In the name of humanity™ they 
eadeavor to rescue a negro who beseeches his 
master with tears to take him away from their 
company. In the name of humanity they shoot 
down in his tracks an innocent man, who happens 
to be called upon by an officer of the law to aid 
in its execution. In the name of humanity they 
murder a white man with wife and children de- 
pendent upon his labor, to help an idle negro vaga- 
bond to escape from labor. In the name of hu= 
Rsaniiy they keep a black runaway vagrant un- 
willingly in Boston, and send a respectable white 
man reeking with blood out of the world. Such 
Si Boston humanity. Boston bravery, Boston hero- 
ism consists in crowding by thousands together 
upon one victim and assassinating him under the 
cover of numbers. 

Boston Abolitionists profess sincerity and sanc- 
tity of purpose in these violent proceedings. 

Let us see how the case stands on this score.— 
The "Reverend" Theodore Parker, last Sunday, 
"preached" at Music Hall. His "sermon" is giv- 
en in another place. This was the introduction 
and topic of his discourse s 

%b all the G'%rkiian MiniaUrq of ike Church of Ckriet in 

Boston s 

Brother* t I venture humbly to ask an interest in your 
prayers and those of your congregations, that I may be 
restored to the natural and inalienable right,? with which 
I am fniowed by the Creator, and especially to the ea- 
„'#/»3©t of the bles»ingi of liberty, whieb, it is said, j 
uu» government was ordained to Moure. 

Anthojcy Burns. <j 

Be«m Slew fm t May U, 1854. 

Did the "preacher" believe that document a ge 1 
auaoe paper, from the hand of the negro in the 
Court House ? Was it Tont's idea to date from 
^Boston Slave Pen," or that of the reverend for- 
ger of the epistle ? Was it Tony's language— 
fchat about the "natural and inalienable rights with 
which he was endowed by the Creator"? Was 
it Tony's piety that prompted a request for the 
prayers of the congregrations of Boston in aid of 
his "natural and inalienable rights" ? Did the 
"preacher" believe this prayer anything but the 
baldest and vilest piece of forgery ? There is but 
one answer to these questions. This sincere, up- 
right, conscienciou3 apostle Parker knew aa well 
that it was a gross forgery and falsehood he was 
© timing upon his hearers, as he knew that Tony 
was locked up in the Boston Court House. Yet 
this "preacher"—- on the Sabbath, from what he 
styles a pulpit—read the forged and blasphemous 
epistle to a delude i congregation \ prayed God Al- 
mighty to grant a r quest, which he knew as well 
B,i his Maker knew, w .8 counterfeit; and made the 
Infamous fraud a text for his SaVbath's discourse. 
It is not within the scope of our; purpose to criti= 
crise his "sermon", or of language to properly cha- 
racterize the profanity of his whole conduct. Let 
the reader note in what terms of commendation 
liie "minister of the Gospel'* alludes to Wandell 
FfiiLLiPS, the denouncer of the Bible. If ours 
were an age lor miracles,, the earth would have 
opened and swallowed up ^nch a monster of pa.- 
&nHy as Theodore Parkier, on Sunday last. 



It was Sunday morning that this counterfe't 
piece of piety wae presented to the eongregatiot « 
of Boston, in the name of Tony. But Sunday 
afternoon Tony was swearing in jail like one of 
the army in Flanders, The Boston Mail has an [ 
account of the prisoner that evening. 

We had an interview, says the Jfail of Monday, with 
many others, last evening at 7 o'clock, wMh Burns. He 
was quveUy looking out of the window oh the north side 
w the Court House, emokiag a segar. We asked him 
"how he felt?" He said he felt "damvrell, except a lame 
*de, oooasiooed by looking out of fee window for the 
Matbwation oh de crowd, so anxious to see de great star 
©bde oaawn." Peter Dunbar, jr., a special officer on! 
tiu« occasion, said— "Anthony, why didn't you go out to I 
nde with me this afternoon, as I invited you ?" "0," j 
said he, "they could not spare us bofe at one tim«: if I i 
went you would have to remain." "Sensible to the \ 
Jaet," 3aid Dunbar. \ 

The Mail gives a full account of what transpired ! 
in this interview; but reports no remarks of Tony 
Bpon the "natural and inalienable rights" of run- 
away negroes, or "the objects this government was 
trdaised to secure," or the "christian ministers of 
She Church of Christ in Boston." 

Tbm proceedings in Boston, di^raeoful as they 
&?e to that city, afflicting as tbey are to the heart , 
of the patriot, are neither unusual nor especially | 
ominous to the Union. They are. what the eoun- ! 
try has long been accustomed to witness in that i 
locality. They do not signify %U y focwase of in. ! 
©endiarism over what hag long been prevalent in | 
Boston. It is industriously attempted by Northern ! 
mw^iftu and abolitionists, in and out of that j 
My, to palm this m and assassination upon the 
ooantry, ai the n.xdo of ft* j» jS s j* of the Ne- 
wwitt B&* mi a® poof if a hs§b& ' esQiteatat 

and more determined and wide-spread spirit of re- 
sistance at the North, to the Constitution and the 
laws of Congress, than ever before existed. But 
these Boston outrages evidence no such thing. — 
They are the work of Wendell Phillips, Theo 
dore Parser, Garrison, Wade, Chase, Gid- 
dings, and the black and white men who have 
been laboring with them in the cause of treason, 
for many years. In reply to the threats of aboli- 
tion Senators, that such outrages would be the re- 
sult of the passage of the Nebraska Bill, Mr. Dou- 
glas said, bravely and truly, in his closing speech 
on the subject, last week : 

It i3 not the first time you have advised resistance to 
law ; you have stimulated violence, and then shrunk 
from the dangers which accompanied its consummation. 
By your speeches you encourage mobs, you instigate re- 
bellion, you stimulate violence, and then shuffle off the 
responsibility upon others, and leave your simple, un- 
fortunate instruments and tools to bear the odium, and 
in some cases suffer the penalty of the law for crimes 
which you caused to be committed. After the announce- 
ments and threats which have been made in the course 
of this debate to-night, I am prepared to saytotho Sen- 
ator from Massachusetts (Mr. Sumner) and his confede- 
rates, you are responsible for evory act of violence that 
snail be committed, in pursuance of the line of policy 
"• a have indicated. Every murder that shall be com- 
miU«i, every drop of blood which shall be shed, every 
crift* that shall be perpetrated, must rest with all its 
guilt upon your souls .j and I only regret that the pen- 
alty of the law cannot fall upon the heads of the insti- 
gators instead of the instruments who .suffer themselves 
to be acting under their advice. 

These Boston outrages are not consequences of 

the passage of the Nebraska bill ; and cannot be 

used to frighten members of Congress from 



the North who supported it, into repentance, 
tribulation, and back-sliding. Treason festers 
in Boston, and has its periodical eruptions. — 
Tony's arrest presented the occasion for a 
breaking out ; and Tony's arrest was the doing of 
a Southern man who went in search of his prop- 
erty without any reference to the parliamentary 
position of the Nebraska bill. Five slaves were 
reclaimed in New York simultaneously with the 
enactment of the bill, and with the mob and mur- 
der in Boston. The outrages there are but a re- 
petition of the affair of Shadrach and the Craft- 
sas. They signify no new indignation, and evi- 
dence no violent shock of public sentiment at the 
North from the repeal ot the Missouri Compromise. 
The Boston riot and murder can get no dignity 
or national conseauence from the Nebraska law. 
They must stand like tubs upon their own bot- 
toms. The riot was only a riot. The murder was 
a foul disgraceful murder. Boston now is the 
Boston it was in the last war with Great Britain; 
that it was when Shadrach was rescued; the 
gime law-breaking, seditious Boston. New York 
has out-stripped her in commercial growth; has 
wrested from her the sovereignty of American 
commerce; has reduced her to the condition of a 
province and suburb. She cannot control the 
commerce of the country. She has long lost all 
influence in the politics of the country. She can- 
not achieve an enviable fame in the paths of rec- 
titude or in the lists of honorable emulation. She 
surrenders herself to misanthropy, and has become 
the fanatical embodiment of Envy and green- 
eyed Jealousy. In treason, in infidelity, in all that 
the patriot abhors and the christian revolts at, Bos- 
ton has no peer. She loved Ellen Crafts more 
than she loved the Constitution. She sent Shad- 
rach to Canada— the African's burying-ground— 
that she might boast of her triumph over the laws 
of the land. She now assassinates young Batch- 
elder in cold blood, aLd sends his white young 
wife and infant children to beg and starve upon her 
uncharitable streets, in order that the black va- 
grant, Tony, may smoke his segar in triumph and 
get along "dam well" among her abolitionists and 
white girls. 




Tremendous Riot ! 

United States Marshal Shot Dead ! — Military call- 
ed out — Militia in Arms — Biol still JJncheckedl 

Boston, May 27. — A terrible and most disgrace- 
ful riot occurred here last night. After the meet- 
ing at Faneuil Hall, where, the people became ex- 
cited to a high pitch, by inflammatory Abolition 
speeches, crowds collected in squads at the corners 
of the streets, which soon ripened into a furious 
mob, who attempted to arrest Burns, the alleged 
fugitive .slave. A desperate conflict ensued be- 
tween the rioters and authorities, in which the 
Deputy TJ. S, Marshal was shot, and died in a few 
minutes. Several others were seriously, and some, 
it is feared, fatally injured. The excitement con- 
tinued all night, but the mob failed in rescuing 
Burns. The military were ordered out at 9 o'clock 



m i£& 



this morning, who up to this hour have maintain- 
ed order. The militia are also under arms, and 
every effort is making to maintain the peace. 
The examination of the case is now going on, 
and the Court House is surrounded by at least 
five thousand persons, independent of the milita- 
ry. The excitement is intense, and it' is feared 
that the end is not yet. Business is almost entire- 
ly suspended, and the whole city disturbed. 
[second despatch.] 

Boston, May 27, 12 M. — The examination of 
the fugitive Burns still continues, and the excite- 
ment increases. Several of the rioters have been 
arrested, and held for trial. A detachment of the 
TJ. S. Marines, under Lieutenant Bird, are on du- 
ty in the interior of the Court House, parading the 
halls, passage-ways, &c. The multitude outside 
continues to increase, and has now swelled to pro- 
bably ten thousand, and increasing. Mayor Smith 
addressed them, and after which the riot act was 
ordered to be read. 

[third despatch.] 

Boston, May 27, 12f P. M. — James Batchelder, 
is the name of the U. S. Deputy Marshal who was ' 
shot, He leaves a wife and an interesting family 
of children to lament his untimely end. 



I reside in Richmond, Va.;' a m„a merchant: have 
resided there fuur years; know Mr. Charles F. S ut- 
ile; he now resides in Alexandria; he is ■ a mer- 
chant; know Anthony Burni?, (witness identified 
the prisoner as Burns;) now sec him at the bar in 
front; he is the man referred to in the record which 
haa just been read; he is owned by Mr. Suttle as 
& slave; he was formerly owned by Mr. Suttle \s 
mother; Mr. Suttle has owned him for the last fifteen 
or twenty years; I once hired Anthony of Mr. Sut- 
cle; this, I think, was in the years 184C, '47 and 
'48; paid M : r : . Suttle for his services; know that he 
iviia missing from Richmond on or about the 24th 
day of March last; have not seen him since till a 
day or two past! Last night I heard Anthony 
converse with his master. 

After some remarks from the counsel, the ease 
was postponed until Saturday morning. Burns, 
it appears, manifested a desire to return home with 
his master. 

His only object in leaving at all appears to have 
been a species of curiosity, which being thorough- 
ly gratified, he desired to return. His representa- 
tions are that he has always been xvell treated, and 
well cared for in every respect!, He reached Bos- 



\ 



The entire watch and police of the city are on ton by water from Richmond, where hcwas em- 
duty, ployed. 

The Independent Cadets of Boston, and the .During the examination several of the aboii- 
Boston Light Infantry under Captain Rogers, are tionists were in Court. Among them Garrison, 
quartered in the City Hall. Col. Wright's compa- . Theodore Parker, Wendell Phillips, Mellen, Tan- 
ay of Light Dragoons are also on hand, and others son, Abby Kelly and others. On the outside of 
are preparing to come out. the Court -House were many colored people, 

The more moderate opponents of the Fugitive , but there was no unusual excitement at that 
Slave Lav/ denounce the meeting last night. time. 

The counsel of Burns, the fugitive, has asked The numerous fanatics of Boston, however, 
for a continuation of the examination until Mon- could not permit the occasion to pass without a 
day. demonstration, and a meeting was called to as- 

The floors and windows of the Court House, semble in Faneuil Hail, on Friday ni^ht. The 
where Burns was supposed to have been con- call attracted hundreds more than could get in- 
fined, were broken in last night. side the building. The principal speakers were,. 

It is rumored that special trains of cars have Wendell Phillips, Theodore Parker and Francis] 
brought in large numbers of mobites from the W. Bird. The tenor of the speeches was highlyl 
surrounding towns. I inflammatory — denouncing the fugitive slave lawl 

The regular military force of the city is still out, 1 aa one which should not be obeyed, and council- 
the militia are under arms, and the police of the] injj open resistance. The Post of Saturday morn- 
city are in action. 

The excitement among the people in the city is 






still great, but partially subsiding 

Boston, May 27 — 9, P. M. — Nine rioters have I 
been committed for the murder of Batchelder. 
All is now quiet, but the troops are still on duty. 

The report now is that money will be subscrib- 
ed to buy the fugitive. 

Boston, May 28.— Col. Suttle, the owner of 
Burns, offers to sell him for $1200, and the money 
for that purpose has nearly all been subscribed. 

Theodore Parker and Wendall Phillips, have 
applied to the authorities for protection from the 
Irish who threaten to take revenge upon them for 
the death of Batchelder, the officer who was lolled 
on Friday night. 

The streets are crowded and the military are 
under arms.. 

The U. S. Marshal called to his aid the United 



mg says : 

The meeting was presided over by George It. 
Russel,. of Roxbury, supported by a list of vice 
presidents of the most unquestioned abolition 
.stamp. Speeches were made by F. W. Bird of 
Walpole, remarkable more for his slang than for 
his eloquence or elegance; by John J. Swift, a 
young man very fall of wrath, who told the people 
they must not let the sjave be carried out of Bos- 
tou- — that there was no law to keep him, because 
the passage of the Nebraska bill had inflicted 113 
stabs oirthe fugitive slave law, and it was too late 
to talk about compromise, and giving the audi- 
ence the assurance that he should always be on 
the sid"e of liberty; by Wendell Phillips, who would ^ 
have the slave set free in the streets of Boston, 
and congratulating the audience that the city go- 
vernment was with them, which had instructed 
' the police not to interfere; that to-morrow will show 



States troops stationed at Fort Independence, and! | whether we will do our duty; that there is no law 



sent a message to that effect to President Pierce, 
in reply to which he returned the follywing em- 
phatic answer: 

"Your conduct is approved. The law must be 
executed T 



■-*>-*" 



KsutE****— «=•* 



We announced a few days ago that Anthony \ 
partis, a fugitive slave, belonging to Mr. Charles F. \ 
Suttle., of Alexandria, Va., who ran away in March 
last, was arrested in Boston, on Wednesday eve- 
uing last On the following day he was brought 
before U. S. commissioner Loring, when Mr. Brent 
te tified as follows : 



in Massachusetts, and the sovereignty of the peo 
pie must begin; that the audience must keep their 
eyes on the fugitive, and never lose sight of him 
it) the street;, but be cu perpetual guard; that Bos- 
ton must redeem herself of the stain for allowing 
Sims to be carried back, and concluded by reite- 
rating his caution to keep his eye on them; and by 
Theodore Parker, who commenced by calling the 
audience " fellow subjects of Virginia," because 
there is no North, the line of the South running 
away to Canada; that there are two laws, the slave 
law and the popular sovereignty; that Boston once 
resisted the law on the ground that what was not 



J just wag not law,]and arguing that they were bound 
j go resist the law and rescue the slave, moving that 
J when the meeting adjourn it adjourn to meet in 
| .Court Square the next morning at 9 o'clock. 

Vociferous cries were raised of "To-night! to- 
night!" and Mr. Parker, after vainly endeavoring 
to bring the audience to adopt his motion, moved 
that they go to the Revere House and call upon 
the slave-catchers to-night. The mob spirit seem- 
el to be up, which the ones who had conjured it 
would fain allay, and Phillips again took the stand 
to endeavor to throw the aid of his eloquence on 
the troubled waters. His appeal was that they 
■ would defer every thing till to-morrow, when he 
would go with them and rescue the slave in broad 
daylight. It was in their power to block up the 
doors so that they could not get him off. The best 
men sympathised with' their cause; what they call- 
ed the best men, for he counted them the best 
men who were ready to trample law under their 
feet. They would injure their cause with .such 
men by violence, and a zeal that would not keep 
till morning would never free a slave. 

He was here interrupted by a voice from the k 
gallery, stating that a mob of negroes had assem- 3 
/ bled in Court Square, and were attempting a res- f- 
cue, moving that the meeting adjourn, which was * 
immediately acted upon, and the immense mass ■, 
proceeded to Court Square. t* 

During the evening a series of inflammatory re- l, 
solutions were offered by Dr. S. G. Howe, which !■ 
were not adopted, in the excitement of the stam- I, 
pede. The greatest confusion reigned throughout | 
the meeting, and all the elements of mob ism seem- ( 
ed to be at work, evincing themselves in answers -]° 
to the appeals of the speakers. i= 

_ > 

Boston, May 29th. — The fugitive, Burns, was 
brought into court this morning,, heavily ironed 
and closely guarded. No persons, except lawyers 
and reporters, were admitted into the room with- 
out a written pass from the U. S. Marshall. Au 
immense crowd is gathered outside, winch main- 
tains the utmost quiet. 

The State military will protect the city property, 
while the U. S. troops will protect the fugitive. — 
The general impression is that any attempt at res- 
cue will end in a bloody failure, and therefore a 
mob is not anticipated. 

' SECOND DISPATCH. 

Boston, 12 M.— The case of Burns commenced 
at 11 o'clock, in the presence of a dense crowd. 
Wendell Phillips and Theodore Parker were pre- 
sent. 

The counsel for the defence protested against 
proceeding with the case under the extraordinary 
Circumstances surrounding them. 

At this juncture, a procession of some six or 
eight hundred men, from Worcester, carrying a 
banner upon which were inscribed the words 
"Worcester Freedom Club," marched into Court 
square amid tremendous cheers. The confusion 
occasioned by this event interrupted the proceed- 
ings of the Court for a moment. 

The counsel for the fugitive theu resumed his 
speech amid great excitement, protesting against 
the outrage upon law and order, as manifested by 
filling the court house with armed men. 

He therefore protested against the case being 
further considered. 

The U. S. Attorney replied, stating that the con- 
duct of the fugitive's friends had made the pre- 
sence of the military necessary. 

After some wrangling between U. S. Attorney 
Hallett and Commissioner Loriug, the examina- 
tion was finally proceeded with. 



THIRD DISPAiuu. 

Boston, May 29—8 P. M. — After the examina- 
tion of the witnesses for the claimant, the record 
of ownership of Burns, t\\e fugitive, by 'Col. But- 
tle, was produced. The court tjuen took a recess. 
At four Vclock the proceedings were resumed, 
when Mr. Ellis, as counsel for Burns, proceeded 
in defence, continuing the argument until six 
o'clock, when the court adjourned until to-morrow 
morning. 

The "Freedom Club" from Worcester having 
attracted considerable attention, and some cheers, 
one of the leaders attempted to address the crowd 
from the Court House steps. He was seized by 
the police and conveyed to the station house- 
Subsequently the Club marched around the Court 
House, and in attempting to repeat the movement, 
their banners were taken from them, and the Club 
dispersed. 

The crowd about the court-house at five o'clock 
this evening could not have been less than ten 
thousand, 

The Light Dragoons are qnduty to-n^ght, await- 
ing orders, and the military generally' seem dis- 
poned to do their best to enforce the' law. 

The City Guards and Independent Cadets are 
also on duty. Two companies are quartered at 
thpj City Hall for the night. The United States 
troops remain |n the court house. ■ 

The Mayor and Aldermen held a meeting thjs 
evening, but transacted very little business. The 
Aldermen were nearly unanimous in favor qf dis- 
missing the military, but the Mayor has sole 
power, and disagreed with them, 

FOUilTH DISPATC9. 

Boston, May 29, P. M.— The members otMbe 
"Worcester Fteedom Club" assembled at Tre- 
njout T&mple to ui^ht, whei'9 inflammatory ad- 
dresses, tending greatly to the increase of the 
excitement, were made by Garrison and others. - 

Dr. Mitchell, of Worcester, presided-, and seem- 
ed much excited. He called for volunteers to aid 
one of the Boston coroners, who was willing to 
3erve a writ of habeas corpus to take Barns from 
1 the United States Marshal, provided he could be 
sure of sufficient aid. Very few were willinc to 
sign their names to an agreement to that effect, 
though a large number rose in their seats to the 
Call. 

Cheers were given for Gov. Washburn, and a j 
number of other public functionaries. 

At 9 o'clock the vicinity of the court-bouse is j 
quiet. Much credit is due to Mayor Smith and 
the Chief of Police Taylor, for their well-directed 
efforts to preserve the peace of the city during 
this exciting day. 

The following anonymous circular, widely cir- 
culated through the country towns on Saturday 
and Sunday, no doubt had the effect of bringing 
manyjill-disposed characters to the eitv to-day : 
_ "Boston, May 27, 1854.— To the yeomanry of 
MewJEngland ! — Countrymeivand Brothers! — The 
vigilance committee of Boston have to inform 
you that the mock trial of the poor fugitive slave 
has been further postponed to Monday next, at 1 1 
o'clock, A. M. 1'ou are requested, therefore, to 
come down and lend the moral w r eight of your 
presence and the aid of your counsel to the friends 
of justice and humanity in the city. Come down, 
then, sons of the puritans; for even if the poor 
victim is to be carried off by the brnte force of 
arms, and delivered over -to slavery, you should 
at least be present to witness the sacrifice, and 
you should follow him in sad procession, with 
your tears and your prayers, and then go home 
and take such action as your manhood and your 
patriotism may suggest. Come, then, by the early 
I trains on Monday, and rally in Court square. — 



} 



Come with courage and resolutions in your hearts, 
but, this time, with only such arms as God gave 
to you." 

Mr. Batchelder, when killed on Friday .night, 
was standing near the court-house door which was 
battered down. He attempted to stem the tide 
from without, when he was stabbed and shot- 
There was a wound on his head, and also several 
wounds in his abdomen, one probably by a knife 
and the other by a pistol, which a person comes 
forward and testifies was fired from the crowd. — 
The wife of the unfortunate man knew nothing of 
his. death until Saturday morning, when the an- 
nouncement was made to her by a lady who saw 
the account of the occurrence in the morning pa- 
pers. She chanced to be in the front yard, and 
immediately fainted and was taken into the. house. 
He leaves no children. 

Several balls have been found embedded in the 
ceiling of the entry-way where the attack was 
made. The door battered down was quite a pow-. 
erful one, and bears unmistakable evidence of the 
determination and energy of those who attacked 
it from without. 

Charles H. Nicholas, George Smith, Edward E. 
Thayer, James Nolands, John Jewell and William 
Jackson are the names of the persons arrested on 
Saturday, charged with inciting a riot. The nine 
previously arrested are to have an examination 
to-morrow. 



The following is "A Lesson for the Day." de- 
livered at the Music Hall, Sunday, May 28 1804 
by Rev. Theodore Parker : 

The discourse which followed nis "lesson tor <, 
the Day," was on the war now agitating Europe, 
and the unprincipled spirit of the men who hurry ( 
us into another war to aggrandize the Slave pow- 
er, but he had some allusions to the present state 
of things in Boston. H*re is one of them : 

"Boston is in a state of siege to-day. We are 
living under military rule, in order that we may | 
serve the spirit of Slavery, and Boston is hunting 
ground for the South who respects us so much! — 
Oar Nicholas is a Virginia Kidnapper. Our ruler 
is a Judge of Probate." 

BUTTLE REFUSES TO SELL BURNS. 
From the Boston Commonwealth of Monday. 
Mr. Parker, Suttle's counsel, stated before the 
Commissioner, Saturday, that he was willing to 
sell Burns for his fair market value as a slave. — 
Endeavors were accordingly made to rescue the 
man by paying the claimant's price for him. Sut- 
tle agreed to give him up for $1,200. This sum 
was raised immediately ; but then he averred that 
he must also have all the expenses paid ; and 
finally said that he was counseled not to give the 
man up at any rate. We hear that the Commis- 
sioner advised him to conclude the arrangement 
. for the sale that had been agreed on, and that Mr. 

We continue the account, as received through Hallett used his influence to prevent it; and also 
the newspapers of Boston, and by telegraph, ■ t&at Buttle Las received a dispatch from Virginia, 



relative to the proceedings in and out of Court, in 
the case of the fugitive Burns. Also! an interest- 1 
ing correspondence, giving a condensed history! 
of the case to date. \ 

Services at tSie Music Hail. 
From fho Boston Commonwealth, May 29. 

There was an immense audience at the Music 
Hall, yesterday, to hear Rev. Theodore Parker. — • 
There was a general expectation that he would 



urging him to take the man back at any rate 
The gentlemen who sought to buy off the claimant 
were in consultation on the subject until midnight, 
Saturday. When the result was known, the fol- 
lowing handbill was put in circulation : 

"THE MAN IS NOT BOUGHT! — HE IS STILL IN THE 
SLAVE PEN IN THE COURT HOUSE. 

"The kidnapper agreed, both publicly and in 
writing, to sell him for $1,200. The sum was 
raised by eminent Boston citizens, and offered 



have a "Lesson for the Day," and the vast hall, w gj theu c]aimeA more> The ' b iu was 



with its double tier of galleries, could not contain 
all the people who sought admittance. Mr. Par- 
ker delivered a short extempore discourse on the 
subject uppermost in all minds, which we give in 
full- He then delivered a short discourse on an 
other subject. When he rose to pray he read the 
following : 

"Anthony Burns, now in prison, and in danger 
of being sent to slavery, most earnestly asks your 
prayers, and that of your congregation, that God 
would remember him in his great distress and 
deliver him from this peril. 

"From the Rev. Mr. GrimeSj and Deacon Pitts, 
at Burns' special request." 

He said, in substance, (we cannot give his lan- 
guage precisely,) that this was the old form of 
such requests, but he did 'not like it. It seemed 
to ask God to do our duty. God was never back- 
ward to do his work, and we should do ours. He 
could not ask God to work a miracle to deliver 



broken. The kidnapper breaks his agreement, 
though even the United States Commissioner ad- 
vised him to keep it. Be on your guard against 
all lies. Watch the Slave Pen. Let every man 
attend the trial. Remember Monday morning at 
11 o'clock." 

We stated, Saturday, that this man-hunt in Bos- 
ton was deliberately contrived, and intended as an 
outrage to the principles and feelings of men in 
the Free States, to be perpetrated by way of jubi- 
lee over the passage of the Nebraska bill. This 
was said at one ot our hotels, Friday evening, by 
a gentleman from Northern Virginia, and was 
told to us by the gentleman to whom he said it, 
and whom he seems to have mistaken for a South- 
erner. The final refusal to sell the man plainly 
confirms this statement. 

Boston, May 30. — The examination in the case 
of the fugitive slave, Burns, was resumed this 



Anthonv Burns- although if He should see fit to morning the fugitive having been brought in 



do so it should be accepted with propersentiraents 
of reverence and gratitude. He had received the 
same request in another form, which he liked bet- 



er, and read as follows ; 



u To all the Christian Ministers of ike Church oj 
Christy in Boston : 
Brothers : I venture humbly to ask an inter- 
est of your prayers and those of your eongrega- 



heavily ironed, and guarded by TJ. S. troops. 

The court room is not so excessively crowded 1 
as it' was yesterday. The throng assembled out- 
side is also less numerous, and the excitement has 
apparently subsided considerably. 

The case has gone over until to-morrow. The 
excitement is subsiding. 

The examination of the eleven persons arrested 
on the charge of riot and of murdering Batchelder 



tions, that I may be restored to the natural and ^as been postponed till Friday next. The Police 
inalienable rights with which I am endowed by q^ was crowded when the prisoners were 

the Creator, and especially to the enjoyment oi ■ 
the blessings of liberty, which, it is said, this Go 
vernment was ordained to secure. 



Anthony Burns 



Boston Slave Pjsn, May 24, 1854." 



Court was 

brought in. 

Mr. Ellis, counsel for the defence, introduced his 

testimony. The first witness swore most positive- 
> ly that he saw Burns, the alleged fugitive, in Bos 
y too, on the 1st of March, and employed him on 



the 4th at Mattapan Iron Works, bouth Boston. 
His testimony was confirmed by Mr. Drew, the 
book-keeper at Mattapan Iron "Works. 

Both witnesses were closely cross examined, 
but their testimony remains unshaken. The testi- 
mony so far is convincing that Burns wa3 in Bos- 
ton three weeks before the date of his escape, as 
alleged in the complaint. The general opinion is 
that he is realiy the slave of Suttle, but that a fa- 
tal error in date has been made in the complaint. 

James G. Whittemore, a member of the com- 
mon council, and formerly director in the Matta- 
pan Iron Works, Stephen Mattocks and B. M. Gil; 
man, employees at the same works, and John 
Favor, a master carpenter, all testified positively 
to seeing Burns in Boston before March 8th. 

Xhe three first named notice particularly the 
marks by which the claimant professes to identi- 
fy him. Horace Brown, a police officer, former- 
ly employed at the Mattapan Works, testified to 
the same effect. The testimony for the defence 
here closed, and the court adjourned till to-mor- 
row. 

Nelson Hopewell, a negro, the supposed mur- 
derer of Batchelder, has been arrested. On being 
conveyed to the watch-house, a loaded revolver and 
a dirk-knife were found upon his person. The 
blade of the knife was stained with blood. Suspi- 
cion was aroused that he might be the murderer 
gf Batchelder, and upon examining the wound of 
the deceased, it was found that the cut was made 
by a weapon like that taken from the negro.-— 
Batchelder, just as he breathed his last, said : "I'm 
stabbed," Taken in connection with the fact that 
Hopewell was seen in the midst of the mob on 
Friday night, guilt enters upon him with double 
force. It is stated that there are other evi- 
dences bearing strongly against Hopewell. 

The Boston -Advertiser states that on Saturday, 
Bev. Theodore Parker was asked if he wished to 
put his name to the subscription paper to purchase 
the fugitive. His reply was: "J have nothing to 
subscribe but brains and bullets" 

It is stated that the Marshall has been advised 
from Washington that the expenses incurred in 
protecting his prisoner are not to be assessed upon 
the claimant. The whole amount of the costs of 
the case cannot thus exceed two hundred dollars. 

Bobton, 29. — A petition to Cp,ngr.es,s, for the re* 
p^al of the ^ugjiiv-e* Slave law was placed in the 
jB^change Reading Room to-day, and has already 
received a large number of signatures, including 
many well known merchants, who, a few yeai-s 
since, were among the most prominent and active 
upholders of the law. The feeling of the commu- 
nity against the rendition of Burns -is growing 
deeper, and is controlled only by respect^ for th,o 
hiWB of -.the land, 

JI08TGK, Hay S$.~- The trial ox Burns k pro- 
gressing; ' The prosecution are offering rebutting 
testimony to prove that Burns was not in Bostou 
befoyethe 8th of March, a§ stated by witnesses for 
tb« defence; that being the time of his escape, as 
alleged by his owner. There is more excitement 
to day, and a larger crowd around the Court House. 
Mr. Dana is now closing for the defence. 

Boston, May 31. — The argument iu the case o,f 
Burns has closed, and the decision has h&en post- 
poned till Friday pi$, 

• Should Burns "be given up, it is said he will be 
put on board the U. S. revenue cutter Morris, and 
taken to Alexandria. 

Whittier, the poet, has written a lettter depre- 
cating the course of the rioters. 

At the meeting of the auti-slavefy society yea^ 
$«!?day, it was resolved; that resistance to slave- 
ousters and slave catchers is obedience to God j 
ao4 H- 0. Wright, on,e of the speakers, said he' 
^o y ul<f rejoice to, sea tfee commissioner laid dead 
£$ |h : e b^ueh, b ; y a. dagger ifl the hands of Burns. 




FRTDAY, May 26. 
An Alleged Furtive Slave Arrested. Pursuant to a 
warrant issued on Wednesday, by United States Commis- 
sioner Edward G. Lonng,— authorizing the arrest of Anthony 
Burns, a negro, an alleged fugitive from the "service and la- 
bor" of Charles F. Suttle, a merchant of Alexandria, Va.,— 
the United States Marshal apprehended, on the eveningof that 
day, at the corner of Brattle and Court streets, the person 
named in the writ. Burns was noiselessly conveyed tn the 
Court House, where he passed the night in the keeping of the 
Marshal. Yesterday morning, at nine o'clock, the United 
States Marshal made return of his doings to the Commis- 
sioner, who proceeded to investigate the case. Messrs. Seth 
J. Thomas and Edward G. Parker appeared as counsel for 
the claimant: and Messrs. Richard H. Dana, Jr., Charles 
M. Ellis and Robert Morris volunteered as counsel tor the 
alleged slave. The official papers— embracing the customary 
powers of attorney,&c, from the Court in Alexandria— having 
been read, Mr. Parker read the complaint, of which the fol- 
lowing is a copy : — 

United States of America: Massachusetts Distict ss. 
To the Marshal of our District of Massachusetts, or to either 
of his Deputies, 

Greeting. 

Tn the name of the President of the Umited StUes of Amer- 
ica you are hereby commanded forthwith to apprehend An- 
thony Burns, a nearo man, alleged now to be in yourDis- 
tric, charged with being a.fugitive from labor, and with hav- 
ing escaped from service in the state of Virginia, if he may 
be found in your precinct, and have him forthwith before nie, 
Edward G. Loring, one of the Commissioners of the Circuit 
Court of the United States for the said District, then and 
there to answer to the complaint, of Charles F. Suttle of Al- 
exandria, in the said state of Virginia, merchant, alleging, 
under oath, that the said Anthony Burns, on the twenty- 
fourth day of March last, did, and for a long time prior there- 
to had owed service and labor to him, the said Suttle, in the 
state of Virginia, under the laws thereof; and that while 
held to service there bv said Suttle, the said Burns escaped 
from the said state of Virginia into the said state of Massa- 
chusetts ; and that said Bums still owes service and labor to 
said Suttle iu ihe said stateof Virginia ; and praying that said 
Burns may be restored to him, said Suttle, in said state of 
Virginia, and that such further proceedings may then and 
there be hail in the premises as are by law in such cases pro- 
vided. Hereof fail not, and make due return of this writ, 
with your doings therein, before me. 

Witness my hand arid seal, at Boston aforesaid, this twenty- 
fourth day of May, in the year one thousand eight hundred 
and fifty four.. EDVV. G. LORING, Commissioner. 

United States of America, Boston, Massachusetts Dis- 
trict ss., May 25, 1851. 

Pursuant here*' ith, I have arrested the within named An- 
thony Burns, and now have him before the Commissioner 
within named, for examination. 

WATSON FREEMAN, U. S. Marshal. 

The first witness introduced was William Brent, who de- 
posed as follows : — 

I reside in Richmond, Va. ; am a merchant ; have resided 
there lour years ; know Mr. Charles F. Sutrle ; he now re- 
sides in Alexandria; he is a merchant; know Anthony Burns; 
now see him at t"'e bar in front ; he is the man referred to in 
the record which has been read ; he is owned by Mr, Suttle 
as a slave ; he was formerly owned by Mr. Suttle's mother ; 
Mr. Suttle has owned him for the last twelve or fifteen years. * 
1 have hired Anthony of Mr. Suttle; this I think was in the 
yeas 1846, '47 and '48 ; paid Mr. Suttle Tor his services. I 
knew that he was missing from Richmond on or about t'ie 
21th day of March last; have not seen him since until within 
a day or two past. Last night I heard Anthony converse 
with his master. 

Mr. Dana here took occasion to say that he had not been 
regularly retained as counsel, and be addressed the Commis- 
sioner as follows : — 

May it please your Honor, — I rise to address the Court, at 
amicus curiae, for I cannot say that I am regularly of counsel 
for the person at the bar. Indeed, from the few words J have 
been enabled to hold with him, and froir what I can learn 
from others who have talked with him, I am satisfied that he 
is not in a condition to determine whether he will have coun- 
sel or not, or whether or not and how he shall appear for his 
del'ance. He declines to say whether any one shall appear 
for him, or whether he will delend or not. 

Under these circumstances, I submit to your Honor's judg- 
ment that time should be allowed to the prisoner to recover 
himself from the stupefaction of his sudden arrest and his 
novel and distressing situation, and have opportunity to con- 
sult with friends and members of the bar, and determine 
what course he will pur-ue 

Mr. Parker. I feel bound to oppose the motion. The coun- 
sel himself says that the prisoner does not wish lor counsel, , 



r~ 



and does not wish for a detence. The only object of a delay 
is to try to induce him to resist the just Claim which he is 
now ready to acknowledge The delay will cause great in- 
convenience to my client, the claimant, and, his witness, ( oth 
of whom have come* al f the way from Virginia for litis pur- 
pose, and will tie delayed here a day or two, if this adjourn- 
ment is granted, ft it were sug»e>ted that, the prisoner was 
insane, out of his mind, and would be iikely to recover soon, 
we could not object. As it. is, we do t bjecf. 

Mr. Dana replied. The vounsel fotjjlhe prosecution misap- 
prehends my statement. I did not say that the prisoner did 
not wish counsel and defence. I said that he was evidently 
not in a state to say what he wishes to do. Indeed, he has 
said tint he is willing to have a trial. But I am not wi ling 
to act on such a statement as that. He does not know what 
he is saying. I say to your Honor, as a member of the bar, on 
my personal responsibility, that, from what! have seen of the 
man and from what I have learned from .others who have 
seen him, that he is not i i a fit state to decide tor himself 
what he will do. Ho ha* just been arrested and brought into 
this scene, with this immense stake of freedom or slavery for 
li'e at4ssue, surrounded by strangers — and even if he should 
plead guilty to the claim, the Court ought not to receive the 
plea under such circumstances. 

It is but yesterday that the Court at the other end of this 
building refused to receive a plea of guilty from a prisoner. 
The Court never will receive this plea in a capital case, with- 
out the fullest proof that, the prisoner makes it deliberately, 
and understands i:s meaning and his own situation, and has 
consulted with his friends. In a case involving freedom or 
slavery for life, this Court will not do less. 

The counsel for the claimant objects to a delay ; he objects 
on the ground of the inconvenience to which it will put the 
claimant arid his witness, who have come all the way from 
Virginia for this purpose ! I can assure him, I think, that he 
mist ikes the character of this tribunal, by addressing to it 
snch an argument as that. We have not yet come to that 
state in which we cannot weigh liberty against convenience 
and freedom against pecuniary expense. We have yet 
something left by which we can measure those quantities. 

I know enough of this tribunal to know that it will not 
lend itself to the hurrying off a man into slavery, to accom- 
modate any man's personal convenience, before he has even 
tim* to recover his stupified faculties, and say whether he 
has a defence or not. Ev<-n without a suggestion iroin an 
amicus curia, the Court would, ot its own motion, see to it 
that, no such advantage was taken. .! . 

The counsel for th claimant says that if the man were out 
of his mind, he would not object. Out of his mind ! Please 
your Honor, if you had ever reason to fear that a prisoner 
was not in tit i I possession of his mind, you would fear it in 
such a case as this. But I have said enough. I am confi- 
dent your Honor will not decide so momentous an issue 
against a man without counsel and without opportunity. 

Mr. Ellis urged the postponement on the ground of the im- 
portance of the issue. Commissioner Loring informed the 
prisoner that he was entitled to counsel, and that if he de- 
sired it, time would be given to afford him an opportunity to 
select them. Burns, who seemed somewhat amazed, at 
length muttered that he desired delay, and the further hear- 
ing of the case was thereupon postpon&tt until Saturday 
morning. The usual order was issued to the Marshal to keep 
the prisoner in a place of safety, and the Court then adjourn- 
ed. 

There was a large number of persons in attendance in the 
Court-room — but there was not the slightest indication of 
disorder. Squads of colored men assembled in tke vicinity 
of the Court House during the morning, but their deportment 
was orderly. An attempt probably will be made this even- 
ing to work up an excitement, as there is to be a " meeting 
of the people in Faneuil Hall to consider tins matter." 

Burns, who is about thirty years old, has for some time 
been in the employ of Coffin Pitts, clothing dealer, No. 38 
Brattle street. He is a shrewd fel ow, and the story of the 
manner of his leaving Alexandria is a piece of small cunning 
After acquitting his master of all suspicion of cruelty, he 
stated that leaving him was the result of accidents — that one 
day, while tired, he laid down on board a vessel to rest, got 
asleep, and that during his slumbers, the vessel sailed ! 
Burns, at one time since his arrest, expressed a willingness 
to return with his master ; but yesterday morning, he was 
induced by his advisers to make his claimants show their 
authority for his return. 

Burns is closely guarded by United States officers, and any 
attempt to rescue him or to obstruct the due course of law 
will be fruitless. 

SATURDAY, May 27. 
The Fugitive Slave Case. The Abolitionists were on 
the alert yester«hiy, devising their schemes to secur« the re- 
lease of Antony Burns, the alleged fugitive slave. Mr. 
SethWebh, Jr.,institirted an action of tort (fixing damages at 
$10,000) against Charles F. Suttle, the claimant, and William 
Brent, "for that the said Suttle and Brent, on the 24th day of 
Maj instant, well knowing the said Burns to be a free citizen 
of Massachusetts, conspired together to have the said Bun: 



arrested and imprisoned as a slave of said Suttle, and carried 
to Alexandra," etc., etc. Mr. Lewis Hayden, on oath, tes- 
tified bjfore Mr. Webb that, he believed Ihe "cause of [this 
action] is true ind just " Deputy Sheriff Neale arrested 
Messrs. Suttle and Brent at the Revere House ; but they 
forthwith gave bail and were liberated. 

JMr Webb also brought an action against. U. S. Marshal 
Freeman. The following is a copy of the writ of replevin, 
i sued by Chief Justice Wells of the Common Pleas: — 

^Commonwealth of Massachusetts. Suffolk, ss. To -the Sheriff 
of our county of Suffolk, or his Deputies, or either of the 
Coroners thereof, Qreeting. 

We command you that justly and without delay you cause 
to be replevined Antony Burns, who (as it is said) is taken 
and detained at Boston, within our s-iid county, by the duress 
of Watson Freeman, that he the said Antony Burns may 
appear at our Court ot Common Pleas, next to be hol.ten at 
Boston, within our county aforesaid, on the first Tuesday of 
July next, then and there in our said Court to demand right 
and justice against the said Watson Freeman, fur the duress 
and imprisonment aforesaid, and to prosecute his replevin as 
the law directs — provided the said Anthony Burns shall, be- 
fore his deliverance, give bond to the said Watson Freeman 
in such sum as you shall judge reasonable, and with two 
sureties, at the Court having jurisdiction wiihin your county, 
with condition to appear at our said Court, to prosecute his 
replevin against the said Watson Freeman, and to have his 
body there ready to be delivered, if thereto ordered by the 
Court, and to pay all such damages and costs as shall be then 
and there awarded against him. Then, and not otherwise, 
are you to deliver him. And if the said Antony Burns be 
by you delivered at any day before the sitting of our said 
Court, yon are to summon the said Watson Freeman by serv- 
ing him with an attested copy of this writ, that he may ap- 
pear at the said Court to answer to the said Antony Burns. 

Witness, Daniel Wells, Esquire, at Boston, the twenty- 
sixth day of May, in the year one thousand eight hundred and 
fifty -four. Joseph Clark, Clerk. 

The writ was served by Coroner Smith, to whom the Mar- 
shal stated that he held Burns under an order of the U. S. 
Commissioner, and should not surrender him. Thus the 
matter ended for the present. Accompanying the writ was a 
bond, in which Messrs. Wendell Phillips, B. B. Mussey, 
Timothy Gilbert, San.uel E. Sewall and B E. Apthorp offered 
themselves as sureties in the sum of $5000 for the appearance 
of Bums at the Common Pleas Court. 

After these proceidings during the day, the Abolitionists — 
men and women — met in large numbers in Faneuil Hall, in 
the evening. The crewd was immense, the excitement in- 
tense, and the speeches were inflammatory to an extraordi- 
nary degree. Before the arrival of the committee of arrange- 
ments, Father Lanison exercised the " liberty of speech" by 
a disjointed disertation on the rights of man generally. He 
was, however, summarily ejected from the platform at half- 
past seven o'clock, by Dr. S. G. Howe and others ot the 
managing committee. Samuel E. Sewall, Esq, of the Suffolk 
Bar, called the meeting to order, and it was organized by the 
choice ol George E. Russell ol Roxbury as Presidents ; Vice- 
Presidents — Samuel G. Howe, William B. Spooner, Francis 
Jackson, Timothy Gilbert, Francis W. Bird of Walpole, Rev. 
Mr Grimes, G B. Weston of Duxbury, T. AV. Higgtnson of 
Worcester, Albert Brown of Salem, Chas ftPBUisof Roxbury, 
Samuel Downer,Jr, and Samuel Wales, Jr. Secretaries — 
William I. Bowditch and Robert Morris. 

The opening address of the President, Mr. Russell, was 
comparatively moderate. Although he did not counsel open 
violence, he denominated Ihe officers of the law "mere slave 
•.afcher.-y' and declared that "rompromise is concession," 
*nd that "concession is degradation." He closed by intro- 
ducing Mr. Francis W. Bird of Walpole. 

Mr. Bird denounced the United States Marshal in a series 
of childish epithets, and then denounced one of the editors of 
the " Traveller," because he refused to adopt something 
which Mr. Bird had written, with regard to the condition of 
of Burns, as an editorial. He next proceeded to ask what 
Ins vast meeting was going to do for Burns? and some one 
answered, " Fight !— fight !— don't talk, but fight!" Mr. 
Bird answered that there was a time when that word "fight" 
meant something; but it meant nothing now. Thus he 

went on, in his feeble way, to excite the worst passions of 
his hearers. 

Mr. John L.Swift plainly advocated violence. He, too, 
asked the meeting what it was going to do for Burns, and 
was answered "Fight," "fight," and thereupon he said— 
"That man has a right to his liberty ! Why should he not 
be free ? The people ot the state sympathise with him — the 
people here are with him, and I thank God the city govern- 
ment is with him. [Tremendous cheering.] Benj. Seayer 
is Mayor [Cheers] no longer; neither is John P. Bigelow." 



("Renewed cheering .] Mr. Swift, after saying that there was 
no law to justify Burns'.* detention in the Court House, hoped 
the word compromise wou'd no longer desecrate true Ameri- 
cans. It had b?en once said, said he, that the Americans 
were cowards and the sons of cowards; if we allowed Mar- 
shal Freeman to carry off this man, we should be unworthy 
of any other name. He promised to go from the cradle to the 
grave of liberty, [the Court House,J and hoped that at that 
time there would be a resurrection of freedom. The present 
he described as a contest between slavery and liberty, and he 
for one was enlisted now and forever on the side of liberty 
These exciting sentiments of the young orator were hailed 
with shouts of approbation. * 

Dr S G. Ylowe (amid cries for "Phillips") took the plat- 
form', and asked leave to submit a series of resolutions. The 
cries were still continued for "Phillips," and Dr Howe said 
if they would hear his resolutions — as a sort of wadding — Mr 
Phillips would be forthcoming and furnish the bullets. This 
"compromise".was accepted and the following resolutions 
were then read: — 

1. Resolved, That the People of Massachusetts having de- 
clared, in the first article of their Constitution!, that "all men 
are born free and equal, and have certain natural, essential 
and inalienable rights ; (among which may be reckoned the 
right of enjoying and defending their lives and liberties ; that 
ot acquiring, possessing and protecting property; in fine, that 
of seeking and obtaining their safety and happiness;" and 
having also declared, in the seventh article of the same in- 
strument, that " government is instituted for the common 
good; for the protection, safety, prosperity and happiness of 
the people — arid not for the profit, honor, or private interest 
of any one man, family, or any one class of men); — are sol- 
emn|e bound to stand by their declarations, come what may, 
by refusing to recognize the existence of any man as a slave 
on the soil of the old Bay state. 

2. Resolved, That the perfidious seizure of Antony Burns, 
in this city, on Wednesday evening last, on the lying pre- 
tence of having committed a crime against the laws of this 
stale — his imprisonment as an alleged fugitive slave in the 
Court House, under guard of certain slave-catching ruffians 
— and his contemplated trial as a piece of property to-morrow 
morning — are outrages never to be sanctioned, or tamely subi 
m it ted to. 

4. Resolved, That, (in the language of Algernon Sidney,) 
"that which is not just is not law, and that which is not law 
ought not to bo obeyed." 

5. Resolved, That, leaving every man to determine for. 
himself the mode of resistance, we are united in the glorious 
sentiment of our revolutionary fathers — "Resistance to ty- 
rants is obedience to God." 

6. Resolved, That, of all tyrants who have ever cursed the 
earth, they are the most cruel and beastly who deny the nat- 
ur?l right of a man to his own body — of a father to t:is own 
child— of a husband to his own wife : whose traffic is in hu- 
man flesh and broken hearts; who defend chattel. slavery as 
a divine institution ; and who declare it to be thetjyinaltera- 
ble purpose indefinitely to extend and forever to perpetuate 
their internal oppression. 

7. Resolved, That as the South has decreed, in the late 
passage of the Nebraska bill, that no faith is to be kept with 
freedom ; so, in the name of the living God , and on the part 
of the North, we declare thai, henceforth and forever, no 
compromises should be loade with slavery. 

8. Resolved, That nothing so well becomes Faneuil Hall 
as the most determined resistance to a bloody and over- 
shadowing despotism. 

9. Resolved, That it is the will of God that every man 
should be free ; we will a« God wills ; God's will be done ! 

10. Resolved, That no man's freedom is safe unless all 
men are free. 

The following resolutions, which were intended to form 

Nos. 3 and 11 of the series, were suppressed : — 

3. Resolved, That when this meeting adjourns, it adjourn 
to meet in Court square, to-morrow morning, at 9 o'clock, to 
see that justice is done to all parties, and the honor of Mas- 
sachusetts proudly vindicated. 

11. Resolved, That the time has come to declare and to 
demonstrate the fact, that no slave hunter can openly carry 
his prey from the Commonwealth of Massachusetts. 

Mr. Phillips was the next, speaker, and he began his wild 
harangue by stating that he wanted Burns « set free in 
the streets of Boston." He assured the audience that the 
city authorities had g;ven orders to the police not to " lift a 
finder" to aid the United Staies officers, and that if they did 
so they would be removed at once— and then exclaimed— 
" let us see whether we are worthy of our city government, 
whether we are willing to do the work." He pronounced 
the statement, that Burns had expressed a desire to return 
with his master, false— and then again urged his friends— 

" TO SEE TO IT THAT YOU RA.tJ|y IN THE STREETS OF BOSTON 
TO MORROW, THAT ANTON Y : J||rNS HAS NO MASTER BUT 

God." [Great Applause.] ; f|l 

Mr. Phillips declared the qfi1§|ion now to be, "whether 
Virginia co-quers Massachusetts; If that man (Bums) leaves 
Boston, Massachusetts is conquered." Mr. Phillips then 
cited the number of states in which rescues had been effec- 



ted, and expressed the belief that thete was not a state in 
the Union that would now allow the removal of a slave. 
To-morrow he said will decide whether Massachusetts will 
allow an alleged slave to be removed from her soil. He 
hoped his hearers would follow the precedent in the c; se of 
Shadrach, and throw aside the example in the case of Sims. 
Over and over again he called upon those present, after tbe 
adjournment, to foim a perpetual guard around the Court 
House, so that if this great sacrament of slavery is to be offered 
they might see it. 

He appealed to them in the name of Otis and of Adams to 
do their duty, and pledged himself to so behave in this case 
as to try to wipe off the stain laid upon Boston by the remov- 
al of Thomas Sims. 

Rev. Theodore Parker began by addressing the audience as 
"fellow-subjects of Virginia," and said he would not call 
them "fellow-citizens" until they had shown that they were 
not subjects, ready to do any deed which Virginia commands. 
This excited loud applause, and thereupon the preacher said, 
"I have heard a good many hurrahs for liberty, and now I 
want acts." This ingenious hint was rightly interpreted, 
and there was a wild shout of approbation. 

Mr. Parker reiterated that the police were not to interfere 
in the matter, and stated that Mayor Smith expressed his re- 
gret to Marshal Freeman that the man Burns had been ar 
rested, and added that he (the Mayor) told the Marshal that 
all his sympathies were with the slave. (Great cheering ) 

Mr. Parker— "They think they can carry that man off in a 
cab." 
A voice— "They can't do it." (Applause ) 
Mr. Parker advocated the higher law doctrine, and said 
"there is a means and an end ; liberty is the end : sometimes 
peace is not the means to obtain the end." (Great applause.) 
The speaker said if his friends stood up manfully "to-mor- 
row," Burns could be removed. 

Several persons here cried out "to-night," "to-night," and 
thereupon Mr. Parker said "you know best." He then un- 
dertook to ascertain the sense of the meeting by a show of 
hands, and a scene of great tumult ensued. Cries were 
raised to "groan" the owner at his hotel, to which Mr. Par- 
ker responded in the*ffirmative. 

Several persons here suggested that it would risk the 
"cause" it anything was done Until morning, and in the 
midst of the greatest excitement Mr. Parker retired. 

Mr Phillips again appeared and urged his friends to re- 
member wnjMnd where they were, and said that nothing 
could be accmriplished by "groans." He was opposed to any 
movement until morning, and said that if he " thought the 
it could be done to-night, he would not go to the Court- 
House. " When he resisted he would do it in the sun light. 
To act otherwise than in open day, would be to descend to 
the degree of a mob, and that he would not do It was in 
the power of those present to block every avenue to the 
Court-House, and thus prevent the removal of Burns. "Law 
or no law," said he, " by some means or other, this man 
shall not, in the light of the sun, leave Boston." He thought 
that the zeal that would not Keep till morning would never 
rescue a slave. 

Some one now (9^ o'clock) cried out that a large crowd 
had assembled at the Court House, that a rescue would be 
attempted to-night, and he moved an adjournment. The 
platform was at once deserted by the officers, and the peo- 
ple began to leave ; but many remained to hear "Father 
Lamsou " and " Abby Folsom," who appeared together up- 
on the rostrum, and spoke in concert. The lights were soon 
extinguished, and the crazy couple were forced to retire. 

There was a general rush in the direction of Court square 
and, upon our arrival there, the mob had began to storm the 
doors of the Court House. Those on the east side were first 
attacked, but without avail. The rioters then went to the 
west side, threw stones through windows, and attempted to 
baiter down one of the doors with a heavy beam. Failing in 
this, two men came forward with axes, and deliberately cut 
a hole through the lower part of the door, and subsequently 
forced it open. A number of persons rushed in, but they 
were repulsed by the Marshal and his aids. 

During this struggle some thirty shots were fired by the 
rioters, and Mr. James Batchelder, a special officer, who was 
resisting the entrance of assailants, at the shattered door, 
was shot, dead. The weapon discharged at hi in must have 
been a blunderbuss, as its contents embraced many bullets, 
some of them of a very large size. His bowels were liter- 
ally torn out, and he died almost instantly He was a truck 



navy yard, at one o'clock on Friday morning, tor a detach- 
ment of the Marines under his command, to aid him in keep- 
ing his prisoner. The colonel responded with alacrity, and 
in less than an hour reported himself at the Court House, 
with over forty men, armed and equipped. The officers serv- 
ing under Col. Dulany are Capt. Jabez C. Rich, First-Lieuten- 
ants Henry W. Q,ueen, and Adam N. Baker, Acting Adjutant. 
The Marshal aiso despatched his deputy, John H. Riley, to 
Fort Independence, in the steamer John Taylor, with a 
letter to Major S. C. Ridgly, asking for a detachment of his 
artillery men. The major, with about fifty men, reported 
himself to the Marshal at six o'clock. His officers are Lieu- 
tenants O. B. Willcox and O. A. Mack. His troop* took up 
their quarters in the Court Hotue, the whole under command 
of Col. Dulany, he being the senior officer. As an attempt 
has been made to excite prejudice against the Marshal for 
calling upon the United States troops to aid him, and as some 
wiseacres have doubted his right to do so or the right of the 
federal troops to interfere, we will state the authority upon 
which he acted. In 1851, in consequence of the rescue of 
"Shadrach," letters were addressed by the Secretaries of 
Navy and War to the officers commanding at the naval and 
military stations in this state. The following is a copy of the 
letter of Secretary Conrad to the then commanding officer at 
Fort Independence : — 

War Department, Washington, Feb. 17, 1851. 
Sir: — Information has just been communicated to the 
President, that a number of persons (principally people of 
color) in the city of Boston, did a few days s;nce, combine to 
resist the execution of the law providing for the arrest of 
fugitive slaves, and did forcibly rescue a slave, who had 
been arrested, from the custody of the officers ot justice. It 
is possible that the civil authorities may find it necessary to 
call in the military force to aid in the execution of the law. 
If such should be the case, and the Marshal or any of his 
deputies, hall exhibit to you the certificate of the Circuit or 
District Judge of the United States in the state of Massachu- 
setts, stating that, in his opinion the said military fierce is 
necessary to ensure the due execution ot the laws, and shall 
require your aid. and that of the troops under your com- 
mand, as a part of the posse comitatus, you will place under 
the direction and control of the Marshal, yourself and such 
portion of your command as may be deemed adequate to the 
purpose. 

If neither the Circuit nor the District Judge should be in 
the city of Boston, the written certificate of the Marshal 
alone will be deemed sufficient authority for you to afford 
the required aid. • . 

Very respectfully, yonr Obedient Servant, 

C. M. CONRAD, Secretary of War. 
. Brevet Major George H. Thomas, or officer com- > 

manding Fort Independence, Boston Harbor, Mass. ) 

After what had taken place at Faneuil Hall — open violence 
encouraged — the attack upon the Court-House, and the mur- 
der of one of the Marshal's deputies, he thought it time to 
call the attention of the Judge of the United States District 
Court to the letter of Mr. Conrad, and Judge Sprague at once 
gave it as his opinion that it was necessary that an efficient 



man in the employ of Mr. Peter Dunbar, and leaves a wife 
and one child 

The Marshal's officers did not use their fire arms, and suc- 
ceeded finally in expelling the rioters from the doors with 
their clubs only. During this scene, the Judges of the Su- 
preme Court, the Attorney General of the Commonwealth and 
the Sheriff of Suffolk were in the building, awaiting the 
return of the jury in the Wilson case, who were to come in 
at 11 o'clock. Some members of the jury, who put their 
heads out of the window to see what was going on, were fired 
at, and the balls, in one or two instances, struck quite near 
them. The windows of the Justice's court-room were com- 
pletely riddled by bullets discharged from without. 

Marshal Freeman had a very narrow escape, a ball having 
struck the wall quite near him, while he was leading his 
men up to tepulse the individuals who had broken in. His 
little son, who was present, ran into the crowd, crying "Fa- 
ther, you will be shot," and the lad was quite close to Batch- 
elder when he fell. 

During these outrages upon the Court House, the Chief of 
Police summoned his men to protect the peace in the square. 
Nine persons were arrested. Their names are John "J." 
Roberts (probably John G. Roberts), Arbert G. Brown, Walter 
Finney, John Westley, Westley Bishop, Thomas Jackson, 
Henry Howe, Martin Stowell, and John Thompson Roberts 
is charged with breaking the lamp in front of the door and 
with other acts of violence at the door. The other individ 
uals were arrested on a general charge of disturbing the 
peace. Brown is a young man about twenty-t vo years old, 
and his friends offered bail for his appearance in the morning, 
but the Chief of Police committed him with the other pris- 
oners. 

The Mayor was notified by his Chief of Police of the state 
of affairs, and he at once issued an order on Col. Cowdin fur 
two companies of artillery. At twelve o'clock the Boston 
Artillery, Capt. Evans, and the Columbian Artillery, Capt. 
Cass, came to the aid of the civil authorities. Their presence 
served to restore quiet, and Court square was soon deserted 
bj the rioters. Capt. Evans's command was stationed in the 
City Hall for the night, and Capt. Cass's company took quar- 
ters in the Court House. At half-past twelve o'clock the 
square was deserted. 

Ii is quite likely that the mob \v 11 reassemble this morn- 
ing. If they do, and attempt to rescue Burns, the result will 
be awiul. The Marshal is determined to execute the aw— 
cost what it may. We give this information lest certain 
persons should be deceived by the lying statements of those 
Abolitionists who last night, in Faneuil Hall, counselled vio- 
lence, and stated that the Mayor and P lice would not pro- 
tect the public peace. 

At two o'clock this morning a detachment of Marines ar- 
rived from the Navy Yard. They will be stationed in the posse-comitatus should be called out to aio in enforcing the 
Court House this morning to preserve order during the exam- laws of the United States, and the attendance of Colonel Du- 
ration of Burns, and should he be remanded back to slavery, lany and Major Ridgly was the result. 



the Marines will see to it that if a rescue is a'tempted there 
will be blows to »ive as well as blows to take. Let the noisy 
praters of Faneuil Hall— the Rev. Theodore Parkei and bis 
pious followers— "govern themselves accordingly." 



MONDAY, May 29, 
The Fourth Chapter of the Fugitite Slate Case. 



/ The calling out of the state militia was by the Mayor's or- 
der, and without any solicitation of the M; rshal, although 
the latter took the precaution early on Friday evening to 
notify the Mayor, through the Chief of the Police, that he had 
reason to think that the Court House would be assaulted by 
a mob during the night. Had the Mayor been less prompt, 
there is no doubt that an appeal would have been made by 



Our account ol the excitement attendant upon the arrest of the Attorney General of the Commonwealth to the Governor, 
Anthony Burns, the alleged slave of Col. Charles F. Sultle, t0 83n j ajd t0 p rotect tne peace in the vicinitv of the Court- 
closed at two (fclock on Saturday morning. Since that hour n ouse- Mr. Clifford, as already stated, was in the Court- 
the city has been kept in a feverish state of uncertainty,— n ollse at lne t ; me jt was attacked, and saw the lifeless body 
owing to the constant attendance of large crowds of men in of Batchelder soon after the murder. The Judges of the Su- 
the vicinity of the Court House,— but the presence of a f „. eme rj our t were also present, and were to some extent 
strong military force, and the known determination of Mar- cognizant , the ter rible transactions of the evening, 
shal Freeman and his deputies, had the effect to restrain the From eIeven > c)ock on Friday night, there is abundant 
! mob. Since the struggle which resulted in the murder of ev ij ence tn9t tlie Mayor and his policemen have been faith- 
James Batchelder on Friday night, no open attempt has been ,yj to duty and nave done much t0 protect tne peace> The 
made to rescue Burns; but it is very well known that the first military company oalled to the aid of the authorities 
Abolitionists have not been idle during the period which has were tne (j i umbian Artillery, Captain Cass, and the Boston 



Artillery, Captain Evans. They remained on duty until 
Saturday morning, when an order was issued upon Major 
General Edmunds for detachments of his command, to re- 



mtervened. 

MILITARY MOTEMENTS. 

We give below a history of the events since our last publi- 
cation. In consequence of a belief on the part of the United 
States Marshal— that there was some 
of Wendell Phillips and others at i 

that the city authorities would not « , jeve( 

messenger was despatched to Col. William Dulany at d uty in idourt e^dre fliroughout the day. In the evening, 

the Cadets were relieved by the New England Guards, 
Captain Henshaw, and yesterdav morning Captain Rogers's 



e1 main on duty for such periods of time as he should prescribe. 

ne trut in * ^j The Independent Cadets, Colonel Amory, and the Boston 

i e aneui ■ Lieht Infantry, Captain Rogers, at eight o'clock on Saturday 

a " i't a finger," &c. — J ' D . } 



command was dismissed, and the Union Guards, Captain 
Brown, took its place. From eight o'clock yesterday morn- 
ing, the New England and Union Guards remained on duty, 
and at three o'clock P. M., Captain French was dismissed, 
and Captain Brown alone remained on duty during the night. 
In addition to the men on active duty a corporal's guard 
was kept up at each of the armories throughout the city, and 
they will remain on duty until the end ot the excitement. The 
Light Dragoons were, on Saturday evening, ordered to he in 
readiness at a moment's notice. They were in uniform all 
night, hut were dismissed by General Edmands yesterday af- 
ternoon. This is, we believe, a clear statement of the move- 
ment of the military thus far. 

POLICE MOVEMENTS — ARRESTS. 

The Police have been equally efficient since the attack 
upon the Court House. On Saturday some thirty persons were 
arrested for various minor offences, such as refusing to with 
draw from Court square when ordered to do so by the offi- 
cers ; but, after an hour's detention, were liberated upon 
promising to clear out. 

Mayor Smith, who was introduced to the crowd by High 
Sheriff Eveleth, made an address from the east door of the 
Court House at ten o'clock on Saturday morning. He in- 
formed the multitude that the peace of the city would be 
maintained at all hazards; the municipal, state and federal 
laws would be sustained, and advised the spectators to 
withdraw fTom the square. Some cheered him, and others 
hissed ; but. very few persons withdrew, and a colored man, 
named William Johnson, gave loud utterance to his disap- 
proval of the Mayor's address. The offender was arrested 
and committed for trial The Mayor subsequently issued the 
following appeal to the people : — 

To the Citizens of Boston: 

City Hall, Boston, May 27, 1854. 

Under the excitement that now pervades the ■ ity, you are 
respectfully requested to co-operate with the municipal au- 
thorities in the maintenance of peace and good order. 

The laws must be obeyed, let the consequences be what 
they may. J. V. C. SMITH, Mayor. 

Simultaneous with the appearance of the above were cir- 
culated various incendiary documents, and among them ap- 
peals to the yeomanry of Massachusetts to "come to the 
rescue," and a printed statement to the effect that the Colum- 
bian Artillery, "a body of seventy-five Irishmen," had "'vol- 
unteered their services to shoot down citizens of Boston," 
etc. It is well known that the Columbian Artillery were 
ordered out by Col. Cowdin, and that the presence of Capf. 
Cass's command was in compliance with strict military order 

The following is a copy of the address to the yeomen : — 

Boston, May 27, 1854. 
To the Yeomanry of JVcw England. 

Countrymen and Brothers, — The Vigilance Committee of 
Boston inform you that the mock tr'vd of the poor fugitive 
slave has been further postponed to Monday next, at 11 
o'clock A. i\I. 

Yon are requested therefore to come down and lend the 
moral weight of your presence, and the aid of your counsel, 
to the friends of justice and humanity in the city. 

Come down, then, Sons of the Puritans; for ev«n if the 
poor victim is to be carried off by the brute force of arms and 
delivered over to slavery, you should at least be present to 
witness the sacrifice, and you should follow turn in sad pro- 
cession with your tears and prayers, and then go home and 
take such action as your manhood and your patriotism may 
suggest. 

Come, then, by the earlv trains on Monday, and rally in 
Court square! Come with courage and resolution in your 
hearts ; but with only such arms as God gave you. 

In the evening of Saturday, the police, by order of the 
Mayor, cleared Court square, and persons not having business 
were not permitted to pass through. In this way compara- 
tive quiet was restored, but nevertheless a large crowd lin- 
gered in Court street until a late hour, and some stones were 
thrown at the Court House about nine o'clock at night. The 
polire promptly dispersed ihe mob, and arrested two of their 
leaders, named Nelson Hopewell, colored, and George Palm 
er. Hopewell had in his possession a large knife, and it is 
said that he can be identified as the individual who attempted 
to assault Mr. W. C. Fay early in the evening. Palmer is 
charged with an assault on officer Tate. Other individuals 
were arrested at this time, but Hopewell and. Palmer only 
were detained for examination. After this demonstration, l 
ropes were extended across the several avenues leading to the 
Court House, and those persons who visited the scene olj, ex- 
citement were obliged to sUnd in Court street. The attend- 
ance was not very large, and most of those present came "to 
see what they could see." There was no attempt at further 
outbreak during the night. 






The weapon by which Batchelder is supposed to have re- 
ceived his death-stroke is in the possession of the authori- 
ties. It was found on Hopewell — it is a long, broad and sharp 
knife, the blade encrusted either with rust or blood stains. 
It is difficu't just now to say which, as chemical tests will 
scarcely distinguish between the two — there being iron in 
blood as well as in rust — and a careful microscopic exami- 
nation will be necessary to determine the point. 

TEN PERSONS COMMITTED FOR MURDER. 

The nine persons arrested on Friday evening at the time 
the Court House door was broken open, were arraigned on 
Saturday afternoon, at two o'clock, before Judge Rogers for 
examination. Their names are Albert G. Browne, Jr., a law 
student at Cambridge, and son of Hon. A. G. Brown of Salem, 
John J. Roberts, white, Martin Stowell, white, John Johnson, 
white, Henry Howe, white, John Morrison, white, Walter 
Pheonx, colored, John Westley, colored. Wesley Bishop, 
colored, and Thomas Jackson, co'ored. The complaint, 
which was made by the Deputy Chief of Police, Mr. Ham, 
charges the defendants, jointly, with having committed with 
malice aforethought a felonious assault, on the 26th day of 
May, 1854, upon the person of James Bttchelder, with fire- 
arms, loaded with powder and ball, and that they did kill 
and murder said Batchelder. The defendants took the charge 
very easy, and some of them actually laughed when it was 
read. The prosecuting officer not being able to go on with 
the trial, asked a delay until Tuesday morning, which was 
granted, and the defendants were sent to jail to await the 
issue. Soon after these proceedings, John C. Cluer, a noto- 
rious Abolition and street preacher, was taaken into custody 
by the officers, as an accessory to the murder of Batchelder. 
It is stated that he harangued the mob on Friday night to 
deeds of violence, and that when admonished to desist by 
the Chief of Police, he refused ; and positively claimed ihe 
right, "as a citizen of Boston," to enter the Court House. He 
was driven away from the door, nd on the subsequent morn- 
ing an order was procured for his arrest. 

Messrs. Charles G. Davis, John A. Andrew and Robert 
Morris appeared as counsel for the ten prisoners who were 
arraigned.. 

commissioner's court. 

The examination of the case before Commissioner Lonng 
was resumed at ten o'clock on Saturday in the United States 
District Court room. Burns had been brought in an hour 
nreviously under a strons guard and handcuffed. Colonel 
Dulany's command was placed on guard throughout the 
Court- House, and the stairways and passages were well for- 
tified by the United States troops. For the claimant, Messrs. 
S. J. Thomas and E. G. Parker appeared as counsel, and 

Messrs. R. H. Dana, Jr, and C.M.Ellis acted on behalf of 
the fugitive. 

Mr. Ellis moved the Court for a further delayg of proceed 
ings on the ground that neither his colleague nor himself 
had had sufficient time to prepare a defence, and he had not 
yet been able to speak to the prisoner. They both had been 
retained since Friday afternoon only, and did not act as 
counsel at the first hearing, when a postponement was 
granted on Burns's own petition, in order to allow him to 
decide on his course. Under the e circumstances he urged 
that a further delay was a matter of justice. 

Messrs. Thomas and Parker both resisted a postponement 
on the ground that the opposing counsel knew they had no 
substantial defence to make, and it was not even suggested 
!. that they had any evidence whatever to disprove the fact of 
i the claimant's ownership in the prisoner The excitement 
abroad in the community and the deplorable tragady of the 
previous night, so far from being an argument of delay, they 
held to be a strong reason why the present case should be 
disposed of at the earliest moment co^sisteni with justice. 

Mr. Dana, in reply, rehearsed the circumstances attending 
the arrest of his client and of his own connection with the 
case, maintaining that the very brief space since himself and 
his associate hid been retained had not allowed them any 
reasonable chance to make a defence here. Knowing this 
they had endeavored yesterday to obtain a writ de homine 
replegiando from Judge Sprague, but at six o'clock it was re- 
fused. Mr. Dana went on to review the nature of the record, 
which was put in as proof in this case, and jvhich he had a 
copy of only since Friday evening, and argued that the grant- 
ing of the certificate settled the case of Bums finally ; that he 
would never go before another tribunal, hut might, and Burns 
Tiimself feared that he would, be sold to go to New Orleans. 



• 









■ If the case went on now, they should say he has not had a 

[defence. It was in view of the tremendous consequences of 
granting this certificate that they asked delay. 

In reply to the suggestion that Burns might be sold at the 
first slave mart, Mr. Parker said that the claimant had con- 

fsented to selling him here, and that it was understood that 

1 Horns would be purchased in Boston. 

The Commissioner said there was a difference in granting 
a delay in proceedings before this Court in a hearing of this 
kind, from the delays before other Courts, where delays are 
made for periods of weeks or months, and where important 
testimony may be lost by the death of witnesses, or by other 
causes. He looked upon Burns as one who is as yet. to be re- 
garded as a freeman ; he knew of no proof yet submitted that 
he was to he regarded as anything else. He was arrested on 
Wednesday night, and on Thursday morning, at the hearing, 
expressed a desire for delay, that he might make up his mind 
what course he should pursue. The delay was granted, and 
he had improved it by obtaining a counsel. Now his coun- 
sel being chosen by him, came into Court and said that they 
are not prepared to go on with this case ; and they cannot 
go on now and do their client justice. The question of delay 
was one within the discretion of the Court to grant. He 
Thought the request was a reasonable one. As to the excite- 
ment in the community, he regretted it, but he could not con- 
sider it in this case. He must look at the rights of the par- 
ties, and see that justice is done. It seemed to him that one 
or two days' delay was not an unreasonable request, and he 
therefore should grant fuither delay until Monday morning 
at eleven o'clock. The Court then adjourned. 

The crowd within quietly dispersed. Among the Aboli- 
tionists present were Wendell Philips' and Theodore Parker; 
but the great bulk of the audience was composed of special 
deputies of the United States Marshal. Burns was again 
taken to his quarters, in an upper channer in the Court 
House. 

The proceedings in Court were attended with decorum ; 
but the excitement in the street was quite intense. 

INCIDENTAL MATTERS. 

Yesterday, there was quite a large assembly in attend- 
ance until nightfall in Court street, but there was no dis- 
turbance of the peace. All admission, except on business, 
into Court square, was refused by the police. The Mayor 
was in attendance at the City Hall all day, and gave his 
personal superintendance to the police movements. General 
Edmands too, made the City flail his head-quaners. 

The Music Hall was crowded in the morning in anticipa- 
tion of a peppery speech from Rev. Theodore Parker. Many 
persons were obliged to stand up, and hundreds went away 
unable to get in The platform was occupied and extra seats 
were brought into the hall for the accommodation of many 
ladies and gentlemen. The clergyman made his appearance 
in due time, and some one among the admirers — fearful that 
the reverend gentleman would not select the proper topic for 
his discourse, handed him a note which contained a request 
for a sermon on the events of the day. Mr. Parker, in reply, 
said that he c nil not turn away from the subject which he 
had selected, and should go on with the discourse prepared 
for the occasion, saying that, on the next Sabbath he would 
preach on the " Perils of America." Notwithstanding his 
refusal to comply with the request contained in the note, and 
his promise to preach in compliance with it next Sunday, he 
did make a brief extemporaneous speech, denunciatory of the 
United St ites Comnvssioner and Marshal in his peculiar 
style. He charged Edward Greely Loring with being the 
cause of all the excitement which has prevailed during tie 
past four da s— with being the originator of th9 murder of 
James Batchelder, and for being responsible for the arrest of 
the persons charged with the midnight homicide. He then 
proceeded with the regular sermon, which was on wars gen- 
erally— but the war in the East particularly. He gave sta.-' 

tistics of the expenses of such contests and endeavored t 

] 
show their tendencies. 

Anthony Burns, the alleged slave, sent a card to Theo 
dore Parker— or some one sent it in the poor fellow's name-H 
which was read yesterday at the Music Hall. It contained 
a request that Mr. Parker would pray for him, and was dated 
"Slave State of Massachusetts," &c. 

There were various rumors afloat yesterday to the effect 
that an immense throne of people from the country, including 
two hundred colored men from New Bedford, were to visit 



the city this morning, and surround the Court House,— that 
the white abolitionists were to block the avenues, while the! 
blacks did the work of fighting and rescuing. Although we 
do not believe one word of these reports, it may not be amiss 
again to state to our excited friends that any attempt on their 
part to obstruct the course of law will be visited, with sad ef 
ects, upon their heads. It h a mistaken notion on their part 
that the people of Boston are ready to have their city convert- 
ed into a place of riot. The Mayor's appeal has already been 
responded to, and if Burns should be remanded to the custody 
of his alleged master, there is force enough at the command 
of the Marshal to execute the law of the country. 

The President, having been informed that the United States 
troops had been called upon, telegraphed on Saturday to Mar- 
shal Freeman, approving of his course thus far, and counsel- 
ing him to execute the laws of the country at all hazards and 
at any cost. 

In consequence of a rumor that the houses r.f Wendell 
Phillips and Theodore Parker were to he attacked, on Sat- 
urday night, the Mayor detailed a force to protect those 
g»ntlemen from violence. It turned out upon investigation, 
that there was little or no cause for the report. 

The post mortem examination of the body of Mr. Batch 
elder disclosed the fact that his murder was not caused by 
the contents of a blunderbuss, but that he was stabbed in the 
lower part of the bowels; the wound inflicted was over two 
inches wide, and the knife penetrated six inches The 
only word which the poor man uttered, upon receiving the 
mortal wound, was, "I am stabbed." The widow ol the 
murdered man, when the news of the death of her husband 
reached, her, was in the yard of her housft at Charlestown 
The terrible tidings for a time dethroned her reason ; but 
she is now rational. It is to be hoped that Congress will 
render prompt aid — in so far as it can by mon»y — to the widow 
and orphan of this man who died in defence of the laws of 
the country. A life pension should be extended to 111 j 
without delay. Promptness on the part "of the lawgivers, ] 
this case, will have a moral effect, which the enemies! 
peace cannot overcome. j 

The moment the Court House door was broken into J 
Friday night, a rioter was seen to discharge a pistol at \ 
officers inside, drop the weapon and then run away. 

The persons arrested on the charge of homicide were te 
porarily placed in a cell together at the Centre watch hoiiiO. 
After their removal to jail, a loaded pistol was tyund in thy 
bunk. 

The colored women seemed to participate in the general 
excitement concerning Burns. They have been in attend- 
ance at the Court House in large numbers during Friday and 
Saturday. 

Yesterday there was very little excitement in the city, 
notwithstanding the presence of many strangers. There 
was quite a crowd in attendance in Court street from morn- 
ing until late into the night. No violence was attenipteuj 
and nearly all the persons assembled were attracted by shee 
curiosity. 

The colored people had sevaral private conferences during 
the day, and the Vigiktnce Committee had a meeting. 

Up to ten o'clock last night, the number of persons arrested 
for riotous conduct and disturbing the peace in the vicinity 
of the Court House was fifty-three. Of this number about 
forty individuals were discharged upon "parole of honor." 
An attempt was made on Saturday evening to raise money 
to purchase Burns from his owner, which was quite success- 
ful. It was intended to execute the bond during the night, 
and the counsel for the prisoner and the District Attorney 
were in attendance at the Marshal's office for the purpose of 
witnessing the transaction until a very late hour at night 
The sum fixed upon by the owner of Burns was $1200, and 
that was not raised, however, until after 12 o'clock, and it 
being then Sunday, the negociation was necessarily suspend- 
ed. Whether the bargain will be closed to-day or not. is 
doubtful, as many persons are of opinion that the strength of 
the civil authorities cannot be tested unless Burns is remov- 
ed, at least, on shipboard. Col. Suttle has be»n admonished 
by his friends at home not to sell the man, and thus the case 
stands at present. In consequence of this stae of things, the 
Abolitionists yesterday issued a proclamation to their friends 
" to be on their guard against all lies'— to "watch the slave 
pen"— and calling on "every man to attend the trial" on! 
Monday morning 




mmjffttfoeali!* 



-BosSon, Fri«ls*y>_ ; -Jt«t &>«. 2, 



1854. 



ONE TWIN& TO BE »©ME. 
Massachusetts and Boston must no lono-e„ 
be disgraced by a slave catching, ten dollars 
[Commissioner, acting as Judge of Probate.! 
*s I The process of EEMOVAL is not with the 
T H E DEEP-IS B O 3¥ E . I Governor, but with the Legislature. It mayf 

We give below the particulars of the infa 4 be done by addreSS ° f the * W ° brancl f s ' or ^1 
mous decision of the slave-catcher Lorin*, ^[impeachment. The first is the practical method.f 

founding Burns to his claimant. The city isf we have hastiiy P repared the i ?!? 0wi31g f ° rm ° f f 

'alive with excitement and indignation at the!P etition - Tbis ' or sometmn S llke *, must be| 

outrageous villainy. We know of no words toI si g ned b ^ ^ the P eople and Sent t0 tbe next I 

[express our feelings with. Let all men hasten! legislature ; and men must be chosen to that! 

to witness the last act of the tragedy, if it isf bod ^ wbo wil1 act U P to lts re( * uest 
? not too late. Go and witness the degradation off To the ^Mature of Massachusetts :~The| 
Massachusetts, and go home and resolve henceJ undersi g ned > cItlzens of Massachusetts, re- 
f forth and forever, to flight slavery and the fu-f<l uest of 7 onr honorable bod y t0 fo ™ lth take j 
gitive Slave Law till they disappear from thei measul ' es for tbe REMOVAL OF EDWAEDj 
land they disgrace. The people have ven-l GEEELEY L0RING FR0M THE 0F 1 
■geance in THEIR OWN HANDS for thisf FICE 0F JUDGE 0F ™>BATE FORj 
deed. If they would not be themselves! SUFFQ LK COUNTY:— 

Slaves forever, let 4hem now resolve to ACT.f New Mode op Practice.— We are informed' 

by an eminent legal gentleman of this city, that it 
is contemplated by certain parties, in case of a 
failure to obtain a certificate to convey Burns back 
10 Virginia, to institute another process for his de- 
tention and examination before another Commis- 
sioner. The precise character of the process is 
best known to the parties, who evidently contem- 
plate acting with secrecy and despatch. — Chronicle. 

The fugitive slave bill has introduced a good 
many new modes of practice. Has it not over- 
ridden great principles of the federal Consti- 
tution, and does it not spurn and spit upon the 
noblest sentiments of human nature? Has ill 
the laws of this State 



Coinmiosiioner's Courti 

Friday Morning, 9 o'clock, 

The Court came in punctually at 9 o'clock, the 
room being crowded. j. 

Commissioner Loring immediately proceeded to 
deliver his decision, saying the issue hetween the 
parties arises under the statute of 1850. It was 
urged that that is'unconstitutional, on the ground 
of want of jury trial; but the rendition of the fu 
gitive being a a ministerial act, there is no pro- 
vision in the Constitution for a jury trial in cases 
of such ministerial nature. He did not regard the| no t overridden 



Ejection to the, record 
ijas being of a charater 



of the Virginia court 
not to be received; 
jin this court, he did not consider sustained by the; 
jlanguage of the Constitution in reference to the", 
courts. He thought tbe act of '50 was Constitu 
tional, being pronounced so by numerous author 
ities, the language of the Chief Justice of Massa 
chusetts in the Sims case being quoted as peculiar- 
ly appropriate to the occasion. Whether the act 
in a harsh and cruel one is not to be considered 
here, and if good^men should jsot enforce it, into- 
whose hands then, should its execution fall? 
The facts to be proved by the claimant are that 



an< 

[transformed our Court House into a fortifiet 
Islave pen ? Hag it not been repeatedly usee 
to kidnap men who were no more slaves thai 
the men who signed the Declaration of Inde 
pendence ? Is it not the very chiefest of the 
infernal machines now employed by the vil- 
lains who make it their trade to steal free col- 
ored persons at the North and sell them to 
Southern slave traders ? No man who has al- 
lowed himself to understand and feel the real 



character of that infamous bill, is likely to be] 
Anthony Burns" owed service and labor, and that| sul . pr i se ^ at aIly f j ts u new modes f prac j 

i 6 .! 8 ?? 6 ? ^T SUCi ]. lab0 ! a " d _ Se ! Yke ; _.™ S _ h f Jtice." Right, reason, religion, the principles! 

.||of the Constitution, the public peace, human j 

Let it! 



he 

thought had been done by the record and testi 
mony. The next fact was as to the identity ofL 

the prisoner, it being testified that he was in Vir-| uature — a11 crv to heaven against it. 
Fgmia on a certain date, when it had been shown -Ibe kepealed ' 



I that he was here prior to the time alleged he was 

!* missing. This testimony being irreconcilable, we 
must look to other evidence corroborative of the* 
claim; and this was found in the conversation 
| which ensued on the night of the arrest between 

I the claimant and the prisoner, which was testified 
1 - ! 

|to by several witnesses. 

I Under these circumstances, he deemed that' 
"the claimant was ENTITLED TO a cer-I 
OTFICATE FROM HIM FOR HIS RETURN OF 
^THE FUGITITE ! I 

. When, the Commissioner was narrating the con- 
versation between claimant and prisoner, to the 
^effect that the latter was willing to go back, BURN'S 
SEVERALTIES SHOOK HIS HEAD NEGA- 
TIVELY, AND WITH MUCH FEELING. 

The Court room was then called, and the pris- 



The Herald has the following :—" We are au-f 
fchorized by the counsel for the claimant of An 
thony Burns to say that he, Col. Suttle, has noj 
idea of re-arresting the said fugitive, as reported,] 
in case Judge Loring's decision should be adverse j 
to him, nor will he attempt forcibly to seize him. 



K oner taken in custody by the officers. 



The Decision. P^ e marines being upon the outside. It is also* 

«. • , , i ,!• • n • • I stated that the State military, though they will be! 

_ At nine o clock, tins morning, Commissioner! in readiness t0 preserve peace of the city, will not 

|Loring will appear in the Court House to de-pmake their appearance unless a disturbance should^ 

fcide the fate of the man imprisoned there. We| ac J!it y0 M?, ur ' ,. , ,. , , , , I 

I. A t* :. '•; V j . -I 1 .« , , i Ihemihtary display which has been made] 

I know not what his decision will be; butwel. . T . ^ . , , ;, «■•.-; • , -,, i 
I , , ... , .,, o , . ' . P during this anair, by Mayor femith, was wholly a 

lean not see how it is possible for him to lus-i . °. „ <.-.?. . ' J -,\ ', , . J \ 

!.„'.. . „ j. r, i . f uncalled for : and this final demonstration, to-] 

itify a decision m favor of the claimant, even! ,, . , . „ . _, , ... I 

F ,, , /. r. , in,, fegetherwith the rest of the Mayors military 

on the ground of those who hold that man! „ ... , „ „ J ... . J \ 

k L . -. ,, , . . , , .„.-. , 1 parade, will hereafter receive from public opm-J 

(hunting should be sustained, when it is donei: ,, . , . . ,, . r - . . r . | 

■ . ,, ,. ^ „ x1 P ... lion the judgement it merits. It is receiving ltl 

f strictly accordmg to the terms of the fugitive | now 

j slave bill. During the examination, the claim- 1 

Pant has been beaten at every point. But there! There is a sus P icion <$&>* prevalent-al- 
fis an intense anxiety in the public mind, nnn-§ most evei T one we meet expresses it-thatj 
igled with the feelings of hope that the Com-| there 1S a P lan on foot t0 arrest ' or seize Burns * 
tmissioner will set the man free. His decision,l a g am ' immediately, if he is discharged by the 



It 



Commissioner's decision. It is believed thatl 



Ineradicable human nature of the men and wo- 
fmen of this community, will determine wheth- 
fer the streams from that, fountain * shall be 
I sweet or bitter. It is useless, it is senseless, to 
|bid human nature look away and make up no 
f judgment, on what will be done to-day by Com- 
imissioner Loring. It will behold and feel what 
gis done, and its judgment can not be sup- 
pressed. 

I Let the people be present at the Court 
|House, to-day, not to express their feelings 
1 madly in useless acts of violence, but quietlyl| 
|to behold the man, and the garrison that hasj 
[been employed to keep him, when they come 
| forth. Let the people be there to see this 
fspectacle. It will do them good. It will af-j 
[ford something to cherish and strengthen the 
[convictions which have been developed, or 
"quickened to higher activity in them, by this 
'slave hunt. We hope the man will come forth 
|free, and that the United States troops will be| 
Icompelled to leave the building — which has 
|been lawlessly transformed into a slave prisons 
f and a fortress of the slave power — and march 
|off without their prey. If this hope is realized, 
|let us be there to see them go, and rejoice that 
1 the man-hunters are baffled. But, if the man^ 
|is to be given up — if he is to leave the Court? 
|House in the Marshal's hands, surrounded and^ 
f guarded by the soldiery, let us be there to wit-i 
.ness this triumph of despotism, and study the^ 
i lessons it will furnish. It is stated that the^ 
I Mayor has ordered out the whole military force|- 
\ of the city ; and one of the evening papers 
llearns that, in case Commissioner Loring gives 
^up the prisoner to slavery, the exodus from the 
| Court House will be as follows : — 

| ': u He will be taken to the Revenue Cutter in the 
fcentre of a hollow square of U. S. soldiers, 



jjwhatever it may be, will not be forgotten 

|wiU open a fountain of feeling among usl he wil1 not be Pitted to go free without) 

Iwhich will flow while the present generation | some Operate effort to carry him off-that 

fiasts ; and the decision itself, ^ctingfon the in-ll he ma ^ be ^mediately taken before another 



Commissioner — or that some nefarious contri-| 
yance will be adopted to keep possession of j 
Ihim. In reply to this feeling, the following, in] 
fthe hand writing of B. F. Hallett, U. S. Dis- 
trict Attorney, has been placed in our hands| 
by his direction, for publication 

"We are authorized by the U. S. Attorney andf 
jjMarshal to say that the import of a hand-bill post- 1 
fed to incite to treason and riot by asserting thatl 
fBurns will not be set free if discharged by thel 
|Commissioner, but will be seized again, is entirely^ 
|false. The decision of the Commissioner, which- 
ever way it may be, will be carri ed out. To resist! 
the law, bjj. combination and force, wiil be treasonf 
against the United States." 

We respectfully announce to the District] 
Attorney that we go to, the federal Constitu- 
tion, and not t© him or any other government! 
official, to learn what constitutes treason. Hisj 
definition is not original ; we have heard, it be-| 
fore. We believe it is about as old as the first! 
attempts to defy and crush out live human na-| 
ture with that unconstitutional and infernal! 
fugitive slave bill. It is one of the many foul| 
things that have issued from that abomination,! 
land the attempt to naturalize among us the doc-| 
trine of "constructive treason" is another, which^, 
he may have heard of in the course of his in-* 
quiries. 

We are glad to know that if the Commission-; 
|er discharges Burns, there will not be another^ 
jjattempt to arrest or seize him, and with great:, 
pleasure we put on record this official assurance^ 
fthat there will be no such attempt. We hope 
that Col. Suttle will *nake it good ; but the Dis 
trict Attorney was formerly a very strong- 
Abolitionist, and he has been sufficiently mti 
mate with anti-slavery men to learn that it is 
very difficult for them to put much confidence 
in those who hunt men, and believe in soch] 
things as the fugitive slave bill 



... ! 



ston Journal 



TUTDAY EVENING. JUNE 2 9 1854. 




The Decii»*©ra tia tb'e Fug*»lve £l%ve Case 

. We lave given in another column the decision 
of the Commissioner m the fugitive slave ease 
which lias created so much excitement in this cicy 
during fclio past week. Poor Barns has beea re- 
manded to the custody of his master, and mo.it, 
we presume, go b-iek to slavery. Tais decision 
•was not expected by the community gone- 
rally, although many who have made the 
constitution and laws their study, have ex- 
pressed the apprehension that the commission- 
er would be compelled, under the law and evi- 
dence, to deliver the fug tive to hi3 claimant The 
evidence was of such a nature as to convince 
even the most unwilling minds that Burns is the 
slave of Suttfe — his own fatal admission, indeed, 
establishing tie set — and the Fugitive Stave Law 
is so stringent in ts provisions, that if this convic- 
tbn is forced up n the mind of the Commissioner, 
ha km;* rt.man i the ;ugit ve, or violate his oath of 
office. Wp do not dpaot that Commissioner Loring 
has honestly and cons ientioa !y fulfilled the un- ' 
pleasant duty which was devolved upon him, and 
while regretting most pro.oundly the result of this 
examinatior, we have no disposition to censure 
his course, or to criticise his decision. It is the 
law, and not its ministers, upon whom this act 
must be charged. The obloquy attaches to the 
law, and not to those whose duty absolutely requires 
them to enforce it. Tae distinction is bttad and 
w 11 refined, and must force itself upon the con- 
viction of every unprejudiced mind. 

We sympathise deeply with the unfortunate 
colored man who has been remanded to the custo- 
dy of a Virginia ta*k-master and we still more 
deeply sympathise with the colored nopulation of 
this city, many of whom are fugitives, who are 
taught by this decision that although in a State 
where freedom reigns, they are not safe from the 
claims of those who have a title under the Consti- 
tution to their services — or in other words a prop- 
erty in their bone and sinews — their flesh and 
blood. It is this conviction of insecurity, constantly 
forcing itself upon their miuds which has made 
them look upon this case with intense interest, and 
it is the know/edge of the absolute misery that is 
carried into the homes of many worthy colored 
families by the enforcement of this law, which 
has deeply stirred up the feelings of the communi- 
ty, and which affords the only palliation for the dis- 
orderly and riotous conduct of the mob3 that 
have surrounded the Court Souse. God grant 
that occasfon may never again be given for renew- 
ed alarm, or for similar demonstrations. The cit- 
izens of Boston have repeatedly submitted to the 
enforcement of a law winch tramples upon their 
every sentiment of justice and humanity. They 
have ''conquered their prejudices, 1 ' onee and 
again, and will ever respect and enforce the laws, 
but they will not sit quietly down with the pros- 
pect before t.'>cm of a reuewal of the scenes which 
have transpired during the past week. They must 
he relieved from an obligation which requires such 
sacrifices of feeling, and which so conflicts with 
their sentiments of humanity. 

It is a pertinent inquiry at the present tim.3 what 
remedy we have against the recurrence of such 
scenes as are now being enacted in this city ? What 
is to prevent slave owners from coming here, every 
month, or every weeds, and seizing upon one whose 
black .skin is to them primi fade evidence that ha 
owes service to a master at the South, thus keeping 



our colored "population in n constant state of alarm, 
and creating in our community a fever of excite- 
ment? 1 he answer is plain : Let the free Scutes send 
Bepresentrt fives to Congress wNo will demand and 
obtain the repeal of the fugitive slave law— if not 
ifewpeal, its essential modincation, so as to alldw 
of a trial by jury. Too true remedy for ad politi- 
cal evils is the ballot box, and there should the 
people be heard. So long as the Constitution 
stands without amendment, Our people must sub- 
mit to the reclamation of fugitives. Bat they are not 
willing that, fugitives, whose presence on our soil 
i,s, in their eyes, prima facie evidence <of freedom, 
should be takeu to the South by a summary pro- 
cess. They are no longer williur to submit with- 
out the strongest aud most persevering remon- 
strance to a law which they have tolerated as one 
of a series of mutual compromises that have now 
been trampled upon by the South. The ob- 
ligations into which the South has entered have 
been broken and the freemen of the North must 
now free themselves. 

05^ The readiness of our city authorities to 
preserve the public peace, and the promptness 
with which the citizen soldiery have responded to 
the call of duty, is worth) of all praise. But one 
feeling evidently exists, in the Boston brigade, 
and that is a determination to support the author- 
ities in their efforts to prevent a riot and to en- 
force the laws. It is well for the community that 
the cause of.public peace and order has so efficient 
a body of guardians and protectors. Life and 
property are safe in a city where the citizen sol- 
diery are actuated by such a spirit, and with such 
inflexible guardians the law must over triumph. 

1LA TE ST PABTI€!t 1, 1 !*S. 



liM **«**» Eia»foarkmeiat. 
After our legidar edition went to press, the Police, 
under Chief Taylor and Deputy Ham, cleared Court 
street, in front of the Court House, prevention the pas- 
ga^e of omnibuses and other vehicles, and keepiwg Che 
crowd o those on foot on the west of the Court House 
vest of the westerly avenue leading into the square 
firm Court street. 

Every avenue leading to Court street was guarded 
by detachments from Gen. Edmands' comoaaud, who, 
after leaving the Common, marched down Beacon aud 
Tremont streets, through Court, street, iuto State street 
—every avenue leading into which street received a 
detachment of the M. V. M., to guard against the in- 
gress or eprees of disorderly persons. 

By adopting these means, the streets leading to Lwg 
wbarf were kept comparatively clear of the thousands 
who had assembled, and this order was maintained 
until the end. 

Subsequently the Cadets, National'Guards, and TJniou 
Guards, marched back, up State and Court street, into 
Court square. 

The Lancers were stationed for some hours in Court 
pquare, avd from time to time, sections were detailed 
to different parts of the streets through which >t was 
expected that Burns would be taken, ether to relieve 
Ihe Light Dragoons or other companies wh > were on 
duty along State street, or for some other special pur- 
pose. 

AsBJajor Gen. Edmands and Staff entered Court 
Scrare they were greeted with app'a se by some and 
hisfee* by < thers. The cheers predoraiuated, however. 
As the preparations far he removal of Burns from 
the Court House wera being consummated, a detach- 
ment of the Fourth Regt. U. S. Artillery was placed in 
charge of the "field piece," and cartridges were de- 
posited in pouches which were borne by some of the 
men. 

Ihe U.S. troops, including both the 4th Regfc. ArJ 
tiilery, and the U. S. Marines from Forts Indepen- 
dence and Constitution were marched out of the Court 
House into the Square, and each man's musket was 
duly inspected. 

Next came out of the Court House, under command 
of Capti Peter Dunbar, Jr., one hundred and twenty 
special officers, employed by theU. S. Authorities, who 
formed a hollow Square, directly in front of the easter- 
ly entrance to the Court Hr>use. 



r i liis body of special aids was well armed, each man" 
with a drawn Roman sword on his right side, and a 
leaded revolver in his belt at his left side. Upon their 
appearance, they were greeted with cheers, groans, 
lueses, and other manifestations of approval or detesta- 
tion. 

These preparations having been completed, Brims 
was escorted out of the Court House by U. S. Marshal 
Freeman and some half dozen of his aids, who took 
their position in the centre of the. follow square. At 
this moment Burns appeared as it-different as the most 
uninterested spectator, and the crle3 of Shame! shamo! 
ti e hisses, groans, and other demonstrations which 
greeted his appearance, did not seem in the least to ex- 
cite him. 

The column was then formed in the following order: 
& neluchment of the National Lancers on the right 
and left, of the street; a corps of U. S. Artillery, fol- 
lowed by a corps of XJ. S. Marines; hollow square of 
ppecJal officers, in the centre of which was the U. S. 
Marshal, his aids, and the fugitive, Aiithosy Burns ; a 
corps of U. S. Marines; the field piece, drawn by a 
epsp o* horses and manned by a detachmea of six of 
thu members of the 4th Regt. U. S. Artillery; a corp3 
of U. S. Marines. 

The rabble attempted to force their way upon the 
tear of the corps of U. S. Marines, but the formidable 
appearance of a detachment of the National Lanoers, 
and ethers of the M. V- ML, deterred them at shore! 
rotice i'j ora proceeding. 

At the corner of Court Square and Court street, the 
demonstrations were loud and uproaroui. 

Teasing down Slate street the procession was greeted 
the whole entire route with minted groans, cheers 
arid hisses, but no attempt at rescue was mads. The 
most iiifcnte interest was manifested to get a parting 
glimpse of the fugitive. , 

As the column was parsing through S^ate street, by 

the office of the Commonwealth the procession "*'a3 

greeted with a shower of cayenne pepper, co witch, or 

fconis other most, noxious substance, thrown from the 

Commonwealth building. 

A bottle, containing a liquid, believed to be vitriol, 
vras also thrown from the Commonwealth building, 
nearly across State street.*The misile would have 
struck Joseph W Coburn, Esq., nad he n t chanced to 
•>ee ii coming directly towards his head, and dodged 
aside. A3 it was, however,, the bottle struck the pave- 
ment and was dashed in pieces, and very fortunately 
hs contents harmed no one. 

1 he precession turned at the head of Long Wharf and 
proceeded down the back 'side of the wharf and thence 
to T wharf, at ivhich the steamer John Taylor was 
iyiaag. Burns wa& marched directly aboard and taken 
to the cabin ou cf sight of the crowds. 

The wharves? and vessels in the vicinity were crowded 
with thousands of persona gathert-d to witness the em. 
barkationi The U. S. Marines and the companv- of U. 
S. Troops from Fort Independence went down the har- 
bor in the steamer. 

The steamer was delayed at the, wharf about one 
hour after Burns went on board. The delay was main- 
ly occasioned by the labor oi' getting the field piece, 
which v.- as drawn ifi rhs procession, aboard the steainerr 
At quarter past three, every thing was on board, and 
the word to cast off was given. At precisely twenty 
minutes past three, the steamer swung from the wharf i 
aftc* proceeded down the harbor, with Revenue C utter 
Morris, which had previously been towed down to ttis 
castle. 

The steamer will there put Burns on board the cutter, 
a*id then take her in tow and tow her to sea. 

She will then land the company of troops at the Fort 
si.d return with the marines to tine Navy Yard. 

The Light. Dragoons. Capt. Wright, b;»d a hard dutys 
to perform in keeping th? crowds from entering SfafcM 
gtfeet from the avenues leading thereto, and in thtj 
faithful and fearles* discharge of their duty, were ob- 
liged to draw their heavy sabres, and '' cut right and 
left." In the exercise of this duty, one man, who was 
somewhat more venturesome than the rest, or, who was 
more unfortunate, received a severe, but not dangerous 
wound on the head from a sabre, and wa3 coaducted 
by the Police to Station No. 1, where a physician wa 
called to attend him. 

A valuable horse, belonging to a member of the 
corps of .National Laiscers, who was on duty in Com- 
mercial street, was severely stabbed in the side by 
seme unknown person, and so badly injurad that it| 
w i's thought that the noble animal would have to be 
kiikd. «y 



Ii&cidentft of the Last Day* 

As early as six o'clock this morning, a few persons 
had assembled in Court Square, evidently with the in- 
tention cf remaining there at lea^t until the decision 
of U. S. Commissioner Loring was made kn^wn, 
at d, from that time, he crowd gradually increased. 

Nine o'clock, A, M- The bell on the Court House has 
ju6t tolled for the opening of the Commissioner's Court, 
and both the excitement and the crowd in the square 
are momentarily- increasing, though there has been no 
dirtt OiCvCh of tie peace, 1 he larger portion of the 
crowd appear as if they were present from no other 
moiive than that of curiosity. The northerly side of 
Court street is thronged with peop'e, among whom are 
many females of every shade, of complexion, appa- 
rently anxiously waiting to hear the announcement of 
the Commissioner's decision. 

F?eld Piece iu Cau** Sqsiare. 
About half test seven o'clock this morning, a de- 
tachment of the 4th regiment U S. Artillery, haviuz 
previously been to the navy yard and received a field 
piece, marched up State street. The cannon was drawn 
by a pair of horses, ard. it was planted iu Court square 
a little south of the easterly entrance of the Court 
House, and pointing towards Court street. Soon af- 
ter, the Artillery were relieved bv a detachment of U. 
8. Marines, who stood jniard over the formidable piece 
of ordnance. Before eight o'clock several hundred 
persons had assembled iu the square. 

The M«2i»rary. 
The several companies of M. V. M. in the city began 
to assemble at their respective armories at 7 o'clook 
this morning, and soon after the streets resounded 
-with the strains of martial music. The troops march- 
ed to the parade ground on the Common, where they 
formed i:tto column, with the Lancers and Light Dra- 
toons on the right, the whole under command of Maj 
Gen. Edmands. 

Prese&tatloia to tbe Fugitive. 

Last evening one of the U. S. Marshal's special offl- 
cers btarted the generous project of procuring an en- 
tire Jiew suit of olothes for Bums, the fugitive, and in 
a very short time the officers had contributed some 
$4.0, with which a handsome f»uit was purchased, and I 
this ntormng Burns appeared in the court room dressed 
in new and serviceable apparel. He expressed his 
warmest thanks to the officers for their generous and 
unexpected gift. 

Clearing tm* Square. 

Half past nine o'clock A. M. As son as the announce- 
ment of the decision of the Commissioner was made 
known to the crowd on the easterly side of the Court 
House, the police cleared the Square of all persons, 
other tha ± those who had special business within its 
limits. 

A force of police was stationed at every avenue lead- 
ing to the Square, with orders to admit noae, except- 
ing those whose business required them inside. 

A9«»Hr-niiig Displayed!. 

Hon. John C. Tark has just displayed heavy folds of 
black cambric from each of the three windows of his 
office in Court pquare. 

Several, of the occupants of tenements on Court 
street, are following the example set by Hon Mr. Park, 
and are displaying folds of black oa the qutsida of 
their stores and offices. Among the number, are 
Ueserfc Jacobs & Deane, and A. N. Cook & Co., who 
have their awnings hung with festoons of black; J. A 
Andrew, Esq., at the corner of Court and Washington 
street, also has the windows of his law office festooned 
in mourning. g 

The Commonwealth office, presented three American 
flgfeS, oreescd iu mourning, and lines of crape were 
stretched acros-s the street. 

Just after the military passed down State street, a 
coffin was produced and exhibited on the corner of 
S'.ate street, iu front of the Commonwealth office. A 
struggle took place between those holding the coffin 
and the crowd, but the former retained possession of it 

The coffin was. subsequently taken into the building, 
ssnd lowered out of one of rh© windows, with the ia 
scription of k; Liberty " on it. 

Court Street* 

Court street in front of the Court House and in the 
immediate vicinity, is filled with a mass of living 

' beinas. 



Artillery Pr*«.o*Ice* 

Ten o'clock A M. The U S. Artillery have just been 
practicing leading and firing (without discharging) 
their field piece in the squ are, with a degree of quick- 
nets and sltill which gave all who witnessed their 
movements to understand that they were proficients in 
their business. 

State Street. 

Large numbers of people are thronging the side- 
walks in State street, evidently expectiug every inc- 
nr-ent to see Burns pass down the street on his way to 
the vtesel which it is rumored and believed ia to carry 
him back to Virginia. 

Cfia«?e» ; ij £«* Aef^amonaay Buras, 
Deputy U. S. Marshal John H. Riley, together with 
c-mcers George J. Coolidge, A?a O. Batman, Charles 
Godfrey and William Black, have b«en detailed to ac- 
company Burns on his passage to Virginia. 

Proclaiimfti«m by the Mayor. 

His Honor, Mayor SfE jib, has issusd the following 
prcclumation, which bas been posted about the streets: 

MIOCLA NATION! To the Citizens of Bistort. To 
secure older throughout the City, this dav, Major-Gran- 
eral *dn»8nds, and the Chief oi Police, will make sa*h 
disposition of the respective forces mider their com- 
mands, as will best promote that important object; 
and they are clothed with tall discretionary power* to 
sustain the laws of the land. 

All well disposed citizens, asd other persons, aro ur- 
gently requested to leavf those streets arhica ic may bu 
found necessary to clear temporarily, and under no 
circumstances to obstruct or molest anv onic3r, civil or 
miiitary, in the lawful discharge of bis duty. 

J. V. C. Wliira, iVIsyor. 

Mc-yor's Office, City Hall. Boston, June 2, 135i. 

EtffoBts *© 'Pwv1a%w.i Bnru9> 

Efi'orts have been making during the whole forenoon 
to purchase Burns, but they have be*;n unsuccessful. 
TV e understand that those who here represent- Colonel 
Suttle, will listen to no propositions until the fugitive 
is placed on boerd the cutter. To this Burns's friends 
demur, and in this position the matter stood at half 
past ore. 

The arrangements for Burns's return are said to be 
these. He is to be taken from the Court House and 
matched to the end of Long Wharf, and from thence 
put on board the revenue cutter Morri?. The steamer 
John Taylor will tow the cutter to sea. 
Attests, Sec, 

Several arrests have been made during the forenoon. 
One man was arrested wish two pistols in his posses- 
sion, and was locked up in the Ceutre watCi house. 
Two others were locked up for not obeying the orders 
of the police to clear the streets. 

Ihe Appearance of State Street.-. 

The stutters of the stores ©n State street were closed 
and business was completely suspended after ten o'- 
clock this forenoon. Crowds congregated on the cor- 
ners, but the street was kept comparatively clear by 
the military and police. 

Art est- of «ec of the Witnesses* 

Jones, one of the witnesses in the slm eease, was par- 
ticularly earnest in his declamatory appeals on State 
street, and the disturbance which he created finally 
iorced. the police to take him in custody. 

The Latest. 

At two o'clock P. M., when our paper went to press, 
Bums had not bten moved from the Court House. 

The excitement had increased to the highest \ itch. 

The buildings on State street were crowded, and the 
military were on the alert and ready for duty at a mo- 
ments warning. 

There can be no doubt that the fugitive will be con- 
veyed on board the vessel, ana it is to be hoped that 
his release by purchase will there be effected. 



(tatmflttfoealtjj* 



Boston* Saturday y Jume 3, 1354. 




The Fugitive Case. 

We have no disposition to indulge in violent 
language, concerning the events of the past 
week. The time for violent language has 
passed away. When the slave-stealer was here 
in full possession of our city, violent language 
was not out of place. It could not be avoided. 
Men must be more or less than human who 
could have refrained from expressing the deep 
indignation which swelled in every honest 
man's bosom. We blame no man for using 
hard words, or for counselling resistance. In 
the name of outraged liberty, we thank the 
men who, in Faneuil Hall last Friday night, 
gave expression to their feelings on the subject 
of the slave-hunt. We honor the feelings 
which led to the ill-timed attempt to rescue 
Burns. We call no man a criminal who spoke 
in the Hall, or who assailed the Court House. 
Not until we can condemn the men who threw 
the tea into Boston harbor, or who mobbed the 
Austrian Haynau, or who drove Ward, the 
murderer, out of Louisville, can we condemn 
as criminals the men who have been visited 
with the denunciations of the pro-slavery press, 
j and who are now under arrest, or in danger of 
arrest. And when we consider who are the 
men who reprove these for violent language 
and action, we are still less disposed to join 
with them. 

Who is Settle ? A Virginian slaveholder, 
who has never known any other law than the 
Lynch law, by which his system lives. Who 
is B. F. Hallett, his legal adviser ? A man who 
has got his living ever since we ever heard of 
him, by defending law-breakers ; a man whom 
we once heard compare the keeper of a tippling 
3hop to the Revolutionary heroes of 1776, be- 
cause the man had violated the fifteen-gallon 
law ; a man who justified the violence in Rhode 
[Island, and has been ever since uttering his 
stupid platitudes against the general govern- 
ment for interfering with the internal affairs 
pf that State. Who composed the guard of 
ioor Burns as ho passed down State street V 
&. gang of the most audacious, law-breaking 
hiffians to be found in the whole city. These 
are the men who disapprove of violence and 
hard language. We take no counsel from such 
sources. ' 

The time has passed for language inciting to 
violence. The deed of shame has been done. 
Boston is again disgraced. Massachusetts is 
prostrate to-day at the feet of the slaveholders ; 
yes, at the feet of one slaveholder. The in- 
famy of yesterday will leave a stain upon her 



history forever. Pear as are the memories of 
Bunker Hill and Faneuil Hall, and Liberty- 
Tree ; honorable and cherished as are the lives 
of Otis, Q.uincy, and the Adamses, let no man 
boast ot them now. We are but serfs ; pliant, 
supple menials of the slaveholders ; the " nig- 
gers " of the Union. Slavery says' to Massa- 
chusetts and Boston, I command you to catch 
my negro slave and return him to me. And 
Boston obeys hex\ Our Governor, our Mayor, 
and military force yield to the demand. All busi- 
ness is suspended for a week, that we may obey |_ B S' ~~ ," T-T"* ,"" c ", ? 0t 

aL ix a • v v * ^ \ • / I P ustice and the laws woulcKhave been 

the bloody behest. Our courts are interrupt- (jj cat j « , , ^ eeu 

ed, our anniversaries are forsaken, our trade ^ j , ',-, , . . . Un er . orders - 

suffers to a vast amount, our laws are prostrate ; n, rt r„„ •, c «. ' ° 6C e ° is a 

n;t , ini «, , c .., K ' the head of our City Government. He has 3 

all that Col. Charles Suttle may have his' _„.i _„, /.,/,. „, as 

i t- a a a n » a ? a i. no such excuse f °r the disgraceful part he took 

twelve hundred dollars' worth of negro flesh.- _-«_„ A ., ° F e LUOK: 

w .. i * * rp,. ° r+ , m returning Anthony Burns to the hell of 

We say our laws are prostrate. This is literal- q^+i am , „ . euo1 

■^ • , , , i - Southern slavery. He has not even tha py 

ly true. For eight days, there was no law ofL 1ao wll . , J , „ ™! ® . tne ex " 

i i ^ ?• t, iiv ^ ^ • -d cuse wmch answered for Mayor Bigelow, viz • 
Massachusetts which could De enforced in Bos-.!,-,. ^ a n .,xj- .- « i> b ' * 

•V-x xi- * j • a a a taat the P ublic senti ment of Boston was in fa- 

ton, if it conflicted m any degree with the prop- Vf . r _ f fho ~ an A m s pa i ™ 

. 7 • en i c ++ i a i • o, + i rendition of the slave. The fifteen 

erty claim oi Col. Suttle. A claim worth twelve i, 11Tir i r „ j ™ .„,a, 0T , fc , _i, , , ^ Lt: « u 

^ . Hundred merchants who volunteered to aid in 

hundred dollars, at the utmost; an issue no car] 

greater than many which are tried daily in our^ c 

courts, and not of half so much consequence 



thing of the feeling which leads the soldiers I 

officers to obey orders, and are therefore* 5 ] 

disposed to be harsh or unreasonable tow I 

i adividuals among the troops. But we tell tl J 

one and all, that they carried off Bu: s j 

Without their presence at the entrance of *1 

streets, keeping the populace from the routed 

the procession, Burns could not have bef 

taken away. Without violence or bloodshed 

in all probability, by the mere moving of tHJ 

people, he would have been set at liberty, an? 

viik 
S^ 



'carrying off Sims, were on the other side ] 

any rate, anr* 



(to the Claimant, we mean) as cases which oc their places were filled by the vilest ruffians 
cur every month or week, — was of so sacred ; 
nature that the laws of a sovereign State al 
had to give way to it. An eminent lawyer c 
this city gave it as his opinion that after Burn 
was delivered up the writ of personal replevi? 
could legally be served, and he be taken befor 
a Massachusetts court; but he coupled In* 
opinion with the remark that this would bring 
on a conflict of authorities. And what if i 
did ? Are conflicts of this sort unheard of; 
Are they not to be preferred to usurpation o. 
authority and abject submission to illegal acts : 
Is Massachusetts merely a province, and not a 
State ; and when she rebels, a conquered prov- 
ince ? Ts the line which separates State and 
National sovereignty to be wholly obliterated ? 
Are we to forget, in the fact that we are 



that could be found in the city. 

And this leads us t6 speak of the real senti- 
ment of the city, yesterday. It was gratifying 
to witness the strong and almost unanimous 
feeling of indignation with which the solemi^ 
scene in State street was witnessed. Th 
wealth of Boston was in a good degree emaip 
cipated from its close alliance with the weali 
of Virginia ; and we believe that the Courie 
Journal, and Mail were the only newspaper 
(except, of course, the pensioned Post ani 
Times) which openly took sides with the negro- 
catchers against the people. We cannot help 
mentioning the noble course of the Transcript, 
which day after day stood up so manfully for 
the right. 

But the topic opens before us into countless 



citizens of the Union, the previous and quite avenues. We shall have plenty of time for dis- 
as important fact that we are people of iliassa-\cussion of the whole affair, and of the lessons 
chusetts ? The whole of our political training which it teaches. One word must, however, 
for 25 years has been preparing us %• this cen- now be said. EDWARD G. LORING is 
tralization of power in the government alUhe chief culprit. Not a single man who has 
Washington. We have not even got a Massa-peen engaged in the business of seizing negroes, 
chusetts militia. Every gun in the hands of from Grier to Ingraham, from Kane to Curtis, 
the Boston soldiers yesterday, every gun in has behaved worse than Loring. With a ques 
the State Arsenal, at Watertown, was furnished of identity, on which the evidence was conflict 
by the General Government, and the soldiers ing, he has allowed Burns to be returned to th< 
who were brought out to " keep the peace," untold and half-imagined woes of slavery, upoi 
but were used for the purpose of carrying off evidence wrenched from him (if obtained at 
the fugitive, are as much troops of the United all) by his tyrannical claimant. 
States as the soldiers from Portsmouth, or the This decision, while it illustrates that com- 
Navy Yard marines. plete negation of all law, which is the charac- 

The part taken in this proceeding by the teristic and animating principle of the Fugitive 
Mayor of Boston and the soldiers whom he orl Slave bill, also illustrates, in an unmistakable 
dered out is one to be remembered,with shamtl manner, the character of Edward G. Loring. 
and indignation. We can understand some /He needs not to be called names, if names bad 



petition. This, or something like it, must be 

signed by all the people &nd sent to^he next 

Legislature ; and men must be chosen to that 

body who will act up to its request : — 

To the Legislature of Massachusetts : — The 
undersigned, citizens of Massachusetts, re- 
quest of your honorable body to forth with*tak< 
measures for the REMOVAL OF EDWAEE 
GHEELEY LORING FROM THE OF- 
FICE OF JUDGE OF PROBATE FOR 
SUFFOLK COUNTY. 






enough could be tbund lor nun. tie ought to 
be forever held infamous by the people of 
Boston aud of Massachusetts. He ought to be 
driven out from the community he has dis 
graced, as Matt. Ward is driven out of Louis- 
ville. Let him be a marked man forever. Let 
Harvard College be required to repudiate his 
teachings, and the Legislature compelled to 
fill his judicial station with another and better 
man. Let the public sentiment which he has 
outraged, follow him. Let it concentrate itself 
upon him. The miserable rat-catchers, Hallett 
and Freeman, and Parker and Thomas, must 
also be made to feel the popular disapproba- 
tion. The people have the matter in their 
own charge. Let them dispose of the miscre- 
ants as they deserve. 

The political duties which now devolve upon 
the people, must be considered at another time. 

THET HAVE CARRIED HIM OFF* 

The kidnapped man wa^ taken from the 
Court House about half-past two o'clock, in a 
hollow square of deputy marshals commission- 
ed for the occasion and armed with swords and 
revolvers. There was towards an hundred of 
of them — all fit instruments for such work. A 
circle of men with drawn swords was formed 
around the man in the square. 

The Marshal's rorce was preceded and fol- 
lowed by United States soldiers. The whole 
military force of the city was under arms, par- 
ading up and down the streets, doing police 
duty, and ready for anything that might turn 
[up. There was an immense crowd of people 
in the streets to behold this crushing out of lib- 
erty, and those concerned in the nefarious 
work were received with hisses and groans 
wherever they appeared, save when they 
chanced to encounter some of their own crea- 
tures. 

That man likes freedom as well as you or I, 
and he has the same right to it. But the whole 
power of the genera I government, supported 
by the whole civil and military power of Bos- 
ton, and by the Governor of the State, has 
been employed to steal him, on the soil of Mas- 
sachusetts, and force him into slavery. While 
-we write he is on board the steamer John Tay- 
lor, and those who carried him off congratu- 
lating themselves upon their success, while 
the people on the wharves, together with 
the.crews of the vessels in the neighborhood, The Court room was then cleared, and the pris- 
are assailing them with vollies of hisses and oner takea in custody by&e officers, 
groans. # After the rendition of the decision, Mr. 

ONE TMING TO BE I>OT¥F J?™*' th< L C0Unsel for the accused > ^ **r. Mr. 

mZZ t, T * -rT I>ONE. Grimes, the colored preacher, made a request to 

£ Massachusetts and Boston must no longer Marshal Freeman, to be allowed to accompany 

be disgraced by a slave catching, ten dollar Burns to the cutter. After some delay, word was 

Commissioner, acting as Judge of Probate, communicated to them from the Marshal that this 



C o mm i » s 1 « us p r ' a Court. 

Friday Morning, 9 o'clock. 
The Court came in punctually at 9 o'clock, the 
room being crowded. 

Commissioner Loring immediately proceeded to 
deliver his decision, saying the issue between the 
parties arises under the statute of 1850. It was 
urged that that is unconstitutional, on the ground 
of want of jury trial; but the rendition of the fu- 
gitive being a ministerial act, there is no pro- 
vision in the Constitution for a jury trial in cases 
of such ministerial nature. He did not regard the 
objection to the record of the Virginia court | 
as being of a character not to be received 
in this court, sustained by the language of the 
Constitution in reference to the courts. He thought 
the act of '50 was constitutional, being pronounced 
so by numerous authorities, the language of the 
Chief Justice "of Massachusetts in the Sims case 
being quoted as peculiarly appropriate to the oc- 
casion. Whether the act is a harsh and cruel one 
is not to be considered here, and if good men 
should not enforce it, into whose hands then, 
should its execution fall? 

The facts to be proved by the claimant are that 
Anthony Burns owed service and labor, and that 
be escaped from such labor and service. This he 
thought had been done by the record and testi- 
mony. The next fact was as to the identity of 
rhe prisoner, it being testified that he was in Vir- 
ginia on a certain date, when it had been shown 
that he was here prior to the time alleged he was 
missing. This testimony being irreconcilable, we 
must look to other evidence corroborative of the 
claim; and this was found in the conversation 
which ensued on the night of the arrest between 
the claimant and the prisoner, which was testified 
to by several witnesses. 

Under these circumstances, he deemed that 
THE CLAIMANT WAS ENTITLED TO A CER- 
TIFICATE FROM HIM FOR HIS RETURN OF 
THE FUGITIVE ! 

When the Commissioner was narrating the con- 
versation between claimant and prisoner, to the 
effect that the latter was willing to go back, BURNS 
SEVERAL TIMES SHOOK HIS HEAD NEGA- 
TIVELY, AND WITH MUCH FEELING. 



The process of REMOVAL is not with the 
Governor, but with the Legislature. It may 
t< e done by address of the two branches, or by 
-;peachment. The first is the practical method. 
» i have hastily prepared the following form ot 



privilege could not be granted. 

~ The same gentlemen then made a request that 

they might be allowed to have a few parting words 

.with the prisoner in his room. The Marshal took 

time to consider this request also; but, after a long 

j delay, it was virtually denied, being granted upon 



the sole condition that the officers should remain in 
the room, and overhear the conversation. The gen- 
tlemen of course refused to avail themselves of the 
opportunity under these conditions. 
We learn that another proposition was made 



uals. An elderly gentleman, of over 60 years, un- 
armed and unresisting, whose name we did not 
learn, was badly cut over his head and face with 
a sword in the hands of an officer of the Lancers. 



during the forenoon to purchase Burns, by par- i The Boston Artillery, we were told, had orders to 
ties desirous to set him free, he to be delivered up fire upon the people, but the order was counter- 
on board the cutter. We understand Mr. Hamil- 
ton Willis, with others, was interested in this 
transaction— but through the advice of Mr. Dis- 
trict Attorney Hallett, the arrangements for the 
transfer were not consummated. 

Just before the miserable cortege left the Court 

House, Messrs. Dana and Grimes made another 

j request to say a few words to Burns in the entry | 

way, but, by a message borne by the younger MrJ 

Hallett, this also was refused. I, 

THE PROCESSION. 

At a quarter before 2 o'clock, Gen. Edmands, oi 
the city military, announced to Marshal Freeman 
that all the arrangements had been consummated 
for preserving order in the streets, clearing the 
thoroughfares, &c. 

The United States force, soldiers and volunteers, 
was then mustered for duty, and formed a line of 
march, as follows : — 

Companies 1 and 4 of United States Artillery; 
next a company of United States Marines ; next a I 
hollow square, formed of volunteers and special 



manded by Col. Boyd. A valuable horse was 
bayoneted, and other damage done. 

Upon the arrival of the procession at the end of 
T wharf, the U. S. troops went first on board the 
" John Taylor," and the volunteers standing guard 
with drawn sabres, the prisoner was conducted on , 
to the deck, at precisely 20 minutes to 3, by Mar- ! 
shal Freeman — the rigging and decks of all the 
surrounding vessels, as well as the wharves and 
house-tops, and innumerable water-craft in the 
stream, being crowded and covered with the indig- 
nant populace, who manifested their feelings-by 
groans, hisses, execrations and exclamations. 
The " Taylor/' had the American ensign run up 
at its stern. 

At 25 minutes past 3, the steam being on, and 
all things ready, the boat Let go her moorings at 
T wharf, — the Marshal having previously left, — ' 
and steamed athwart the basin to the end of Cen- 
tral wharf, off which lay the U. S. revenue-cutter 
"Morris," to which, in five minutes more she was 
attached by hawsers, — the whole air, meanwhile, 



deputies, dressed in citizens' dress, with United "\ resounding with groans, hisses, execrations, &c. 
States sabres in their hands, and pistols in their Whether the prisoner was conveyed to the cut- 
belts; next a loaded six-pounder cannon, served ter or not from the boat, we could not observe; 
by United States troops ; and then another com- but at 25 minutes to 4, precisely, both vessels 
pany of United States Marines. The whole was moved in a straight line downifche harbor,— and 
preceded by detachments of the Boston Lancers the vast multitude, on land, water, house-tops, and 
and Light Dragoons, for security in the streets. shipboard, having given their last look at the sad- 
The procession being formed, the hollow square dening and mortifying spectacle, rapidly passed 



was conducted before the eastern end of the court 
house, when one of its sections entered, and soon 
returned with the prisoner, the Marshal, and nu- 
merous deputies. The prisoner locked bewildered, 
and was dressed in an entire new suit, hat, frock- 
coat, silk vest, pants, with a blue-checked silk 
neckerchief. He was at once conducted to the 
center of the hollow square, and the procession 
moved. 

By this time, the streets were again filled with 
an excited populace, the windows were thronged 
with women and men, and the house-tops, even, 
as' every available stand-point, were covered. The 
sensation was universal and profound. But one 
note of execration came from their lips— that of 
"Shame!" "Shame!" mingled with prolonged 
hisses. 

Passing down Court street, the procession cross- 
ed the locality of the Boston Massacre in 1775; 
and the hoofs of horses, and the feet of hired ruf- 
fians, as well as those of the victim Burns, trod 
upon the spot where died Chrispus Atttjcks, 
the first colored martyr of the American Revolu- 
tion, as Anthony Burns is the last victim of that 
Republican government which that Revolution in- 
augurated ! 

Making a detour into* Merchants' row, the infa- 
mous procession passed down the north side of 
Long wharf on to T wharf, at the end of which 
lay the steamer "John Taylor." All the stores, 
offices, &c, were closed, and not less than fifty 
thousand people witnessed the march. 

At the corner of Merchants' Row and State 
street, the crowd being immense, and with diffi- 
culty restrained, sallies were made upon them 
by the horse-troop, in the course of which 
serious injury was done to unoffending individ- 



away from this section of the awful panprama. 

The troops were soon after dismissed, and re- 
turned to their armories. Business was partially 
.renewed ; but axil over the city knots of interested 
ahel indignant citizens gathered to talk over the 
events and atrocities of the day! 

Iiacitlerais", 

Immediately on the rendition of the decision, 
the utmost feeling was evinced. 

All the stores on either side of Court street were 
at once closed — the occupants refusing to do busi- 
ness under such depressing influences. 

The Commonwealth office put out from its elevat- 
ed windows, ^ix American flags, heavily draped in 
black. From its corner windows to the opposite 
corner, were strung festoons of black cambric, 
that were seen from all sections. 

The law-office of John C. Park and John C. 
Danforth, on Court square, immediately in front 
of the Court-house door, was draped from its win- 
dows with black. 

From the windows of T. P. Chandler's, and Ber- 
nard Roelker's, offices, 39 Court street, were dis- 
played ladies' silk mantles, their fair owners occu 
pying those positions, being some of the most 
gifted and well known of our anti-slavery friends. 

The hat store of A. N. Cook & Co., No. 17, and 
the tailoring stove of Jacobs & Deane, No. 21 
Court street, were both heavily draped in black — 
both about the signs and doors, as well as on the 
shade frames beyond the side-walk. 

The law offices of Chas. E. Pike, D. A. Perkins, 
and J. A. Butler 27 Court street, were also fes- 
tooned with alternated white and black cambric, 
presenting a ssaddening appearauce. 

The office of John A. Andrew and Theophilus 
P. Chandler, No. 4 Court street, corner of Wash- 



; 



ington, was also draped most appropriately and 
significantly. 

An incident of the general feeling is shown in 
the decorating of Messrs. Pike, Perkins & Buy- 
er's offices, alluded to above. The white cambric 
was put out first, when it was greeted with 
a few hisses, the people not knowing 
what it meant. When, however, the black was 
presented, which was to contrast with the white, 
cheers upon cheers demonstrated the appreciation 
of the act. 

About half-past ten o'clock, a section of the | 
Light Dragoons, mounted, passed up by the Old 
State House, and were greeted with groans, 

hisses, pointed fingers, and one universal shout of 
"Shame! shame!" 

We learn that J. K. Hayes, formerly Superin- 
tendent of the Tremout Temple, recently appoint- 
ed a Captain of the Police and Watch, refused 
to aid the disgraceful act, and resigned his office. 
Honor to him ! 

From the store of the venerable Samuel May, 
corner of State and Broad streets, was extended 
across the street drapery of black, from which 
hung two American ensigns, union down ! The 
melancholy cortege has to pass beneath this token 
of distress. 

At an early hour of the morning a brass cannon, 
belonging to the United States, was mounted in 
Court square, so as to command the entrance to i 
the Court House, surrounded by marines. Its ap 
pearance did not allay at all the excitement. 

The Mayor issued a bulletin about 11 o'clock. " 
saying Gen. Edmunds and the Chief of Police had 
discretionary po^er to preserve the public peace. 
This indication of martial law did not seem to suit = 
our peacible community. 

At quarter to- 12, the entire regiment of Boston 
troops passed down State stfeet, witnessed by tens 



We look to the students for some further expres- 
sion of their disapprobation. If they listen for a 
moment longer to the teachings of such a man, 
they will forfeit all respect from the community. 
The Bar, with the exception of the poor pettifog- 
gers who have acted as counsel for Suttle, have 
behaved nobly throughout all this trial. Let the 
young lawyers at the Dane School show that they 
are worthy of their noble profession. 

We are informed that there have been no lec- 
tures at this school, during the past week, on ac- 
count of the prevailing excitement, caused by the 
slave case. Thus the slave power, not content 
with putting the city under martial law, interrupts 
the course of instruction at the University. 



Outrage by a Lancer. — Three correspon- 
dents have written to us relating the circumstances 
of a.brutal assault upon an old man, near the Cus- 
tom House. While the kidnappers were passing, 
an old man, who seemed to be partially intox 
icated, attempted to cross from the Custom House 
to the end of Long wharf. He passed two of the 
guard, without molestation, when one of the offi 
cers of the Lancers rode up to the old man, and 
struck him a heavy blow with the edge of his sa- 
bre, knocking him down and cutting a large gash 
in his head. We do not know the name of the 
brutal assailant. 



mnw 



xaDeikr* 



B ST ON": 
SATURDAY, JUNE 3 S 



1854* 



The Excitement of the Day. 
An excitement — with the exception of the single 
of thousands of Massachusetts men, and greeted outbreak at the commencementof.it, not marked 
during n th^ 3 " ct characterized by a deep 

At' about 12 o'clock, & black coffin was displayed feeling,- has pervaded our community for a whole 
at the corner of Washington and State streets, la- 
belled in large characters— LIBERTY. The sen- 
sation created by its appearance was very great. 

At 12 o'clock, a large detachment of Police 
cleared the streets from the Court House to the 



foot of the Old State House— the horse and other 
troops of the city preserving the line of march 
from that point to the end of Central wharf. 



Violent Assault upon Richard H. Dana, 
Jr.— About ten o'clock last night, R. H. Dana, Jr., 
and Anson Burlingame, started to walk over to 
their residences in Cambridge. Walking down 
Green street, when opposite Allen's oyster saloon, 
they passed a gang of fellows, two of whom ap- 
proached suddenly, and jostled them. One of the 
/ ruffians then stepped forward and struck Mr. Dana 
a severe blow, bringing him to the ground. He 
then fled, and Mr. Burlingame followed him, chas- 
ing him through an avenue, into the saloon.— 
^pme of the squad then approached, and he went 
back to Mr.' Dana, who was carried into Dr. Sal- 
ter's office, and taken care of. He is badly hurt 
in the eye, and one of his teeth is broken, but we 
are glad to learn that his injury is not very se- 
rious. 

No doubt the outrage was committed by one of ! 
Marshal Freeman's guardians of the law, who in 
the employment of the President of the United ! 
States, has been teaching the people their consti- 
tutional duties during the past week. 



Dane Law School.— Loring, the slave catcher, 
is a lecturer before this institution. We have al- 
ready spoken of the fact that he was hissed by the 
students last week after he had issued his warrant. 



week, in consequence of the arrest of a negro man, 
under the Fugitive Slave Law of 1850, as a fugi- 
tive from service from Virginia. So far as the ex- 
citement has been violent in its manifestations, 
we are not aware that it 1 as been essentially dif- 
ferent from thai which was exhibited here under 
similar circumstances two years ago. Nor is it pro- 
bable that there has been any absolute change 
of public sentiment in regard to the character of 
the law which has now been, and which was then 
ei; forced under peculiar circumstances. The Fu- 
gitive Slave Law was always an offensive one to 
this community — as much so as to any portion of 
the free or non-slaveholding States. It has been 
more than offensive; it has been odious and de- 
testable— revolting, not only to our innate ideas 
of justice, but repu'sive in the highest sense to the 
genius and long established and charished princi- 
ples of our local institutions. By virtue of these 
institutions slavery cannot exist here, and the 
manacles of the slave who is such under the insti- 
tutions of the South, fail from his limbs as soon as 
he treads upon our soil by the voluntary con- 
sent of his master. But the C3nstitution, 
which is the sacred bond of our national 
Union, binds us, however unwillingly, to render 
up the slave who comes to us as a fugitive against 
the master's consent, Our obligations under this 
constitution, and not our sense of natural justice 
have constrained us heretofore to acquiesce in 
this obnoxious law. The terms of the enactment 
are indeed more rigid than we have admitted to be 
necessary to the fulfilment of the purposes of the 
constitution; but an obligation of another 



-- A ~ ^" 



though collateral nature, has imposed upon 
us the duty of submission even to the distasteful 
and hateful requirements of the present Fugitive 
Slave Law. It formed a part of a compromise by 
which, with honorable intent, and as a forlorn- 
hope for preserving national union and peace, 
the free States bound themselves to maintain 
the constitutional rights of the slave States, at the 
expense of their own feelings and convictions of 
right. As law-abiding citizens, we have no occa- 
sion to regret that we have faithfully abided by 
our contract. Our communitv has never felt 
called upon to co-operate actively in the execution 
of the Fugitive Slave Law, but to yield a passive 
acquiescence in its operation, and to oppose no 
hindrances to its execution. The sacrifices of 
feeling, risiDg almost to conscientious scruples, 
which we have made to redeem this unwilling 
compromise, afford the best evidence of our un- 
measured devotion to the Union. The exceptions 
to the rule of action which has thus been ob- 
served, and the occasional disposition which has 
been manifested to oppose violent resistance to 
the Jaw, have originated with a class which exists 
among us, as in all communities, who reason from 
abstract principles and set aside all considerations 
of expediency. Wholly repudiating the obliga- 
tions of the constitution itself, and denying all 
allegiance to a law which in their judgment, and 
in their consciences no doubt, they believe to be 
so unjust as to be without binding force, they are 
consistent, though in error, in their hostility to it, 
even though that hostility extends to forcible re- 
sistance. Those who thus reason and act, how- 
over, constitute but a small portion of our com- 
munity. The course which their erring judg- 
ments, or their conscientious scruples, have 
prompted them to pursue, has imposed upon oth- 
ers, who compose the great majority of ourpeo" 
pie, the unwelcome but inflexible duty of assum- 
ing a hostile and compulsory attitude towards 
those who are their neighbors and friends, in or- 
der to maintain the complete supremacy of the 
law. By struggles of feeling and conflicts of 
judgment, such as we have here described, the 
law has so far triumphed, "We have just witness- 
ed the result of the latest conflict in this sad war- 
fare. We earnestly hope it may be the last. 

Although, as we have remarked, there has been 
no absolute change of sentiment in this commu- 
nity, upon this vexatious and threatening subject, 
it is too obvious to be denied that there has been 
a material change of feeling, a marked relaxation 
of the sense of duty by which our conduct in ref- 
erence to the Fugitive Slave LawTias heretofore 
been actuated. This change has been produced 
by an unexpected and ill-timed, and wholly inex- 
cusable breach of trust on the part of the South, 
in repealing the Missouri Compromise, and thus 
repudiating their unexecuted part of a compact 
which lies at the very foundation of this most har. 
rassing and menacing of all our national questions. 
It is not pretended that the passage of the Ne. 
braska Bill, though virtually a violation of law on 
the part of the South, has absolved us from obe- 
dience t© the Fugitive Slave Law; but it cannot be 
denied that the very boldness with which the faith- 
less act has been perpetrated has provoked us to 
calculate the value of our faithfulness. It has exas- 
perated the public mind, and engendered a pro- 
found disgust for all laws which partake of the 
nature of a compromise on the question of slav- 
ery ; and it has paralyzed our sense of obligation 
to such compacts. 

While, therefore, there is no disposition to resist 
the Fugitive Slave Law by any other than moral 



force, tnere is an unwuuugiiess io co-operate, in 
the slightest degree, in its execution; and an en- 
larged and more determined purpose tp spare no 
honorable effort to repeal the law or to modify ! 
it and reduce its exactions to the very lowest require- 
ments of the Constitution, To this sentiment we 
believe the community is now generally, almost 
universally aroused. If we did not know that 
the ties of party are stronger than the bonds of 
principle, we should be encouraged by the present 
tokens of public sentiment to believe, not only 
that the designs of the plotters of the Nebraska 
scheme will recoil upon their own heads, and that 
the results of the next popular elections will be 
an emphatic repudiation of the measure and of 
the men by whose votes it was carried; but that a 
suicidal blow has been inflicted upon the institu- 
tion of slavery itself— such a blow at least as will 
totally annihilate the insidious influence and bane- 
ful power which it has so long and so successfully 
exerted to stifle the sensibility, blind the judg- 
ment, and quench the free spirit of the North. 

The Armed Pageant of Yesterday. 

The deed has been done. The Compromise has 
been observed. A law repugnant to the moral 
sentiment of this entire community has been ex- 
ecuted. The fugitive from slavery has been car- 
j ried through our streets guarded by a thousand 
| bayonets, and an United States armed vessel has 
borne him back to the land of bondage! 

But after all, this is only the beginning of the 
matter. The imposing array of military force, th« 
fixed bayonets, the loaded guns and pistols, the 
drawn sabres, and above all, the trailing artillery, 
which the United States Marshal thought neces- 
sary to call to his aid in the execution of this law, 
have been like leaven in the public mind, which 
has worked, and will continue to work with 
mighty power. Our sober and peaceable citizens, i 
as they stood jammed into corners by the bayonets 
and sabres of the military, yesterday; as they 
found themselves excluded from the marts of busi- 
ness by armed guards ; as they were refused permis- 
sion even to pass to the Banks to pay their notes, or 
to their offices of business ; as they were made to j 
feel that Boston was in state of seige, that mar- 
tial law was established in the city — as they saw, 
and felt all this— they were constrainedto askwith 
deep emotion : Is all this necessary to preserve the 
peace of the most peaceable large city in the 
United States ? Is all this imposing array of mil- 
itary force required to enforce a law of the Uni- 
ted S tates ? And, if so, can that law be just and 
righteous ? Can a law which so outrages the pub- 
lic conscience as even to be thought to require 
such an army to enforce it, in such a community 
as this, be right in the sight of heaven ? 
The execution of the Fugitive Slave Law amidst 
such scenes as were witnessed in our streets yes- 
terday, has done more to awaken the slumbering 
consciences Of men, to open th^ir eyes to the ini- 
quity of the whole slave system, and to arouse 
within them the resolution to seek more earnestly 
its overthrow, than anything— than everything— 
that ever occurred in this community before. And 
this feeling will be borne, as on electric wires, to 
every portion of New England,by the hundreds of 
clergymen and others who were present at the an- 
niversary meetings of the week. 

If the effect of this most melancholy scene shall 
be— as we trust it will be— to awaken the North, I 
and to unite all gocd and true men in opposition 
to the continued encroachments of the slave pow- 
er of this country, then will God have brough' 
good out of evil, and made the wrath of man /o 
praise Him. And thus we trust it may be. \ 



During the passage of the troops down oiam 
Street, sundry outrages took place. At the head 
of State Streot a bottle of vitriol was thrown 
among a company, but no one, so far as we can 
learn, was injured. 

Near the Custom House,the horse of a teamster 
who was attempting to break the line was stabbed 
in the chest by the bayonet of a trooper, to the 
depth of three or four inches. This nearly led to 
a tragedy, for the captain of a company became 
so exasperated at the insults and assaults of the 
crowd as to order his company to present their 
muskets in a position to fire, but the remonstrance 
of a superior officer that the provocation did not 
justify him in resorting to such a severe measure, 
led him to reconsider his purpose , 

The crowd, however, fearing that the Captain 
might give the order to fire, dispersed in a hurry. 

A man in attempting to pass the guard at one of 
the streets in the lower part of State street, was 
repulsed. He persisted and had quite a contest 
with a soldier, seizing his sword, but was finally 
overpowered and taken into custody. 



The day was one of intense labor to the Chief of 
Police and his Deputies, who performed the diffi- 
cult and delicate duties with which the)r WQrQ 
charged, to the satisfaction of all. We saw a 
Police officer, armed only with a simple ratan, 
who, by the exercise of kindness and forbearance' 
kept the crowd in better restraint than did some* 
cf the military with the use of the sabre and bay- 
onets, which some were only too free to use. The 
great majority of the military, however, behaved 
with much forbearance when in contact with the 
crowd. One company, while awaiting the ap- 
proach of the fugitive, Get up the song of " Oh 
carry me back to Old Virginia." 

DAILY A DVERTISER 

.■ J .^-_i_-:"~ — - - 

BOSTON: 



Saturday morning, june 3, 1854. 



Final Proceedings in the case of An- 
thony Burns.— We give to-day the final proceed- 
One man was arrested with a loaded pistol in i nss in the Commissioners Court, consisting of the 
his pocket. Jones, the colored man who testified pronounc - ingf by Mr. Commissioner Loring, of his de- 
in the defence of Burns, was arrested in State cigion on the que9tiong wh ich w^re heard and argued 

street for disturbing the peace by his zealous , - , . „, , , ., T A a . rp. • ._ 

, „. . * . . ■.". , - J ,-.* before him, on Tuesday and Wednesday. 1 his de- 
harangue relative to the wickedness of the pro- _, . , , 

ceedings. As he passed up State street in custo- cision we give in extenso. Every lawyer who reads 

dy, he was greeted by the cheers of the crowd. the reasoning of the Commissioner, will be satisfied 

A brick was thrown at .the guard of the fugitive that he could give no other decision in the case, than 

as they were passing down State street, but in. that the claimant was entitled trnder the law to the 

jurednoone. certificate which he claimed. Everyone also who 

A lancer's horse was injured in a melee, with the ],. l8 rea( j tne report of the evidence in the case, must 

mob, and a man was severely injured in the head ^^ ffi|t aali3fied> tha t if the prisoner had been in 
by a stroke from a sword jn ^ ^ duri |h<j fhief of , he m()nth of 

After Burns had been placed on board the Cut- ..... 7 . , .. \a 

,. . ,.Z. ., la-%. ac March, as his couniel attempted to show, there could 

ter, his appearance is differently reported by dif- ' r . 

ferent persons. A writer in the Times says that have been no difficulty m proving it, by testimony 

his conduct was that of a person "perfectly recon- tnnfo,d more abundant » more P^t.ve, and more con- 

eiled." A writer in the Herald, however, who elusive than any that was produced. All good cm- 

claims to have had an interview with him while ^ifl.s, therefore, who are unwilling to see our Courts 

on board, says he appeared much depressed. He of Justice degraded, by a feeble or corrupt adminis- 

saidthat he should never see Boston again, and trationofthe law, mustbe satisfied with t he decision , 

that it made him feel sad to part with so many as tne on | y one which the facts "oTTnTcaTe nnder the 

friends. He seemed to doubt about his freedom Constitution and laws of the country, admitted of be- 

being bought after reaching Virginia. Col. Sut- • 

tie, the owner, ard his friend, Mr. Brent, were on ,, , . ,,.,,. P 

■k am.' n'A a a *i a t t,* a * "ad the question to be decided been of a .mor e 

board the Cutter, and seemed greatly delighted at *■ H i * 

the result of the reclamation. It seems that the -doubtful character, and the facts such as to leadjmany 
owner refused, after the decision had been made n.iiwk tojmlance as to the weight of evidence jn the 
by the Commissioners, an offer of Mr. Hamilton cise^v q doubt_ not that in spite of the high state of 
Willis, broker. State Street, for the purchase of excitement which has arisen, the de cision O j ^trxe ma - 
the fugitive, after he had been placed on board jjistraicUo whom the determination of the question is 

by law entrusted, would have been rmiet|y acquiesce d 
in, and carried into exe cution without the s lightest 
opposition, tinder the actual state of facts, the de- 
cision was carried into execution, by the removal of 
the fugitive from the Court room in the custody of 
gitive at last accounts being under the influence hU «' aster . and conducting him on board the vessel 
of an attack of sea-sickness. The people of the in the harbor, for the purpose of proceeding to Vir- 
steamer cheered those on board the Cutter as she ginia quietly, and with no other obstacle than arose 
passed on her way, which was responded to by a fiom the vast nun. ber of spectators who had assem- 
single gun from the Cutter. bled to be witnesses of the depaiture. So intense a 

Just as the steamer John Taylor left the wharf, clir j os jt v , as is proved by the fact of so large an as- 
a man cried out, "Well, I'm glad the nigger's Bemb , ' can hardly be accnonte d for but upon the 

gone." Scarcely were -the words out of his .. wlt . .. . , ... ... 

, ..._ , , supposition that there was a general expectation that 

mouth, when a sad or stepped up, and with the r , , . , ... 

exclamation, "You lubber!" knocked him over. there would be 80,,,e lawle8s °V»onUon to lhe e * ecu " 
The fallen man got up and showed fight, when he !t u,n of the decision of the magistrate. We are of 
was knocked down a second, time. He attempted opinion, however, that ihere was no substantial ground 
to run off, when some one shoved a board be- for such an apprehension, though it was certainly 
tween his legs, which again tripped him up. At most proper for those who were entrusted with the 
last he reached the military and claimed tneir pro- execution of the law, to be fully prepared to enforce 
tection. . -. . .;it nt all hazard. Such precaution in all cases of pop- 

ular excitement, and especially when there have been 



the Cuter by the authorities. At Fort Indepen. 
dence, the detachment of the Artillery under Maj. 
Ridgely, with Capt. Couch, and Lieutenants Mack 
and Wilcox, were landed. At five minutes past 
six the steamer cut off fi om the Cutter, which 
proceeded on her way to her destination, the fu- 



distinct and earnest exhortations to forcible resistance - , r . •• . 

r , , . . • , , . . II extradition is the only purpose of the statute and 

of the law, is imperatively demanded, by a proper ! lhe determination of the identity is the only 



regard for the public quiet and security. But in the 
present case there was, perhaps, a far greater exhi- 
bition of military force for the preservation of order, 
thin was necessary. In addition to a detachment of 
U. S. Artillery and two companies of U. S. Marines 
from the Navy Yard and forts in the harbor, a com- 
pany of U. S. Infantry from New York, the whole 
volunteer militia of the Commonwealth in the city 



purpose 
of these proceedings under it, it seems to me that the 
objection of .unconstitutionality to the statute because 
it does not furnish a jury trial to the fugitive is an- 
swered. 

There is no provision in ihe-Conslitution requiring 
the identity of the person to be -arrested should be 
determined by a Jury. It has never been claimed 
for apprentices nor fugitives from justice, and if it 
does not belong to them it does not belong to the re- 
spondent. And if extradition is a ministerial act, 



was ordered out by Major General Edmands, in obe- then to substitute in its performance, for the discre 
dience to a requisition from the Mayor. 

It was erroneously stated in the Atlas yesterday, 
that Gov. Washburn had given orders to General Ed- 
ruands for calling out the militia. This, we under- 
stand, is a mistake, the Governor having taken no 
part in the matter. This would in any case have 
been unnecessary, as the Mayor is fully authorized to 
call on <he military authorities for aid, in an emer- 
gency demanding their interference for the preserva- 
tion of the public peace. 

The whole proceedings of the day were conducted 
with great prudence and caution to guard against any 
incident which could produce disturbance under an 
excited state of the public mind. We do not con- 
ceive that there was any serious danger of such dis- 
turbance. We did not, iu fact, observe any indica- 
tion of excitement in any considerable portion of the 
mass of people a§sembled. The chief motive which 
brought ihem together appeared to be the gratifica- 
tion of their curiosity, in being witnesses of whatever 
might take place. We give in another column a 
bi ief narrative of the principal incidents of the day. 

ADJOURNED HEARING 
Before Hon. Edward G. Loring, Commissioner of 
the. Circuit Court of the United States for the First 
Circuit and District of Massachusetts, in the case 
of Anthony Burns claimed by Charles F. Suttle, of 
Virginia, as owing labor and service to him in Vir- 
ginia, and as having fled to Massachusetts. 

Seth J. Thomas, E*q. and Edward G. Parker, Esq., 

counsel for the claimant. 
Richard H. Dana, Jr., Esq. and Charles M. Ellis, 

Esq., counsel for the alleged fugitive. 

Friday, June 2, 1854. 
The Commissioner took his seat at 9 o'clock and 

proceeded to deliver the following decision: — 

The Decision of Commissioner Loring — 
The issue between the paities arises under the U. S. 
Statute of 1850, and for the respondent it is urged 
that the statute is unconstitutional. Whenever this 
objection is made it becomes necessary to recur to 
the purpose of the statute. It purports to carry into 
execution the provision of the constitution which pro- 
vides for the extradition of persons held to service or 
labor in one State and escaping into another. It is 
applicable, and it is applied alike to bond and free — 
to the apprentice and the slave, and in reference to 
both, its purpose, provisions and processes are the 
same. 

The arrest of the fugitive is a ministerial and not a 
judicial act, and the natu re, of th e act is not altered 
by the means empm yed for its a cco mp l ^ltrr^ t m t. When 
lug'itive from justice or a party ac- 



4yu 

an officer arrests a 



cused, the officer must determine the identity, and 
use his discretion and information for the purpose. — 
When an arrest is made under this statute, the means 
of determining the identity are prescribed by the stat- 
ute; but when the means are used and the act done, 
it is still a ministerial act. The statute only substi- 
tutes the means it provides for the discretion of an ar- 
resting officer, and thus gives to the fugitive from ser- 
vice a much better protection than a fugitive from 
justice can claim under any law. 



tion of an arrestine officer, the discretion of a com- 
missioner instructed by testimony under oath, seems 
scarcely to reach to a grant, of judicial power, within 
the meaning of the U. S. Constitution. And it is 
certain that if the power given to and used by the 
Commissioners of U. S. Courts under the Statute is 
unconstitutional — then so was the power given to 
and used by magistrates of counties, cities and towns, 
by the act of 1793. These all were Commissioners 
of the United Stales— the powers they used under the 
1 statute, were not derived from the laws of their re- 
spective States, but from the statute of the United 
States. They were commissioned by that and that 
alone. They were commissioned by the class in- 
! stead of individually and by name, and in this re- 
spect the only difference that I can see between the 
acts of 1793 and 1850, is that the latter reduced the 
number of appointees and confined the appointment 
to those who by their professional training should be 
competent to the performance of their duties, and 
who bring to them the certificates of the highest ju- 
dicial tribunals of the land. 

It is said the statute is unconstitutional, because it 
gives to the record of the Court of Virginia an effect 
beyond its constitutional effect. The first section of 
the fourth article of the Constitution is directory only 
on the State power and as to the State Courts, and 
does not seek to limit the control of Congress over 
the tribunals of the United Slates or the proceedings 
therein. Then in that article the term " records and 
judicial proceedings" refers to such inter-partes • nd 
of necessity can have no application to proceedings 
avowedly ex parte. Then if the first section includes 
this record, it expressly declares as to "records 
and judicial proceedings," that Congress shall pre- 
scribe " the effect thereof ^ and this express power 
would seem to be precisely the power that Congress 
has used in the Statute of 1S50. 

Other constitutional objections have been urged 
here, which have been adjudged and re-adjudged by 
the Courts of the United States, and of many of the 
States, and the decisions of these tribunals absolved 
me? from considering the same questions further than 
to apply to them the determination of the Supreme 
Court of this Stale in Sirnm's case, 7 Cushing 309 
page, that they '* are settled by a course of legal de- 
cisions which we are bound to respect and which we 
regard as binding and conclufive on the Court." 

But a special objection has been raised to the re- 
cord that it describes the escape as from, the State of 
Virginia and omits to describe it as into another 
State in the words and substance of the Constitution. 
But in this the record follows the 10th section of the 
Statute of 1850, and the context of. the section con- 
fines its action to cases of escape from one State, &c. 
into another, and is therefore in practical action and 
extent strictly conformable to the Constitution. 

This Statute has been decided to be constitutional 
by the unanimous opinion of the Judges of the Su- 
preme Court of Massachusetts in the fullest argument 
and the maturest deliberation and to be the law of Mas- 
sachusetts as well as, and because it is a constitution- 
al law of the United States, and the wise words of 
our revered Chief Justice in that case, 7 Cushing 
318, may well be repealed now, and remembered al- 
ways. The Chief Justice ssiys^. 

"Slavery was not created, established or perpetu- 
ated by the Constitution; it existed before; it would 
have existed if the Constitution had not been made. 
The framers of the Constitution could not abrogate 
Slavery, or the rights claimed under it. They took 
it as they found it, and regulated it to a limited ex- 
tent. The Constitution, therefore, is not responsible 



for the origin or continuance of Slavery — the provis- 
ion it contains was the best adjustment which could 
be made of conflicting rights and claims, and was 
absolutely necessary to eflVct what may now be con- 
sidered as the general pacification by which harmony 
and peace should take the place of violence and war. 
These were the circumstances, and this the spirit in 
which the Constitution was made — the regulation of 
slavery so far as lo prohibit States by law from har- 
boring fugitive slaves, was an essential element in its 
formation, and the union intended to be established 
by it was essentially necessary to the peace, happi- 
ness and highest prosperity of all the States. In this 
spirit and with these views steadily in prospect, it 
seems to be the duty of all judges and magistrates. to 
expound and apply these provisions in the constitution 
and law s s of the United Slates, and in this spirit it 
behooves all persons bound to obey the laws of the 
United States, to consider and regard them. 

It is said that the statute, if constitutional, is 
wicked and cruel. The like charges were brought 
against the act of 1793; and C. J. Parker, of Massa- 
chusetts, made the answer which C. J. Shaw cites 
and approves, viz: "Whether the statute is a harsh 
one or not, it is not for us lo determine." 

Al is said that the statute is so cr uel and wicked 
that it should not b e executed by good men.. Then 
into what hands shalTits administration fall, and in 
its administration what is to be the protection of the 
unfortunate men who are brought within its opera- 
tion ? Will those who call the statute mercile ss com - 
mit iUy, a rnHfr-.jWs jnH^pJ — * *"^. 
f If the statute involves that right, which for usi 
makes life sweet, and the want of which makes life 
,a misfortune, shall its administration be confined to 
those who are reckless of that right in others, or ig- 
norant or careless of the means given for its lega 
defence, or dishonest in their use? If any men wisl 
ibis, they are rnorefcruel and wicked than the stat- 
ute, for they would strip from the fugitive the best 
Security and every a'leviation the statute leaves him. 

As I think the statute is constitutional, it remains 
for me now to apply it to the facts of the case. 

The facts to be proved by the claimant are three: 

1. That Anthony Burns owed him service in Vir- 
ginia. 

2 That Anthony Burns escaped from that service. 
These fads he has proved by the record which the 
statute, sec. 10, declares "shall be held, and taken 
to be full and conclusive evidence of the fact of es- 
cape, and that the service or labor of the person es- 
caping is due to the party in such record mentioned." 

Thug these two facts are removed entirely and ab- 
solutely from my jurisdiction, and 1 am entirety and 
absolutely precluded from applying evidence to 
them. If tberefore there is in the case evidence ca- 
pable of such application, I cannot make it. 

The 3d fact is the identity of the party before 

me, with the Anthony Burns mentioned in the record. 

\ This identity is the only question I have a right to 

£ansjdj^r. To this, and tolhis alone, I am to apply*^ 



the evidence and the question whether the respon- 
dent was in Virginia or Massachusetts at a certain 
time, is material only as it is evidence on the point of 
identity So tne parties have used it, and the testi- 
mony of the complainant being that the Anthony 
Burns of the record was in Virginia on the 19th of 
March last, the evidence of the respondent has been 
ottered to show that he was in Massachusetts on or 
about the first of March last, and thereafter till now. 
lhe testimony d^th^cl airnant is from, a single w it- 
Jiesss^and he, standing lo.C Lrcumst^nces wfi i^h would 
^e^HlMjlieJaj^^ 

t.on than this has not been ottered against him, and 
from anything that has appeared before me, cannot 
be H.s means of knowledge are personal, direct, 
and qualify him to testify confidently, and he has 
done so. 

The testimony or, the part of the respondent is 
lr -^- ma , n L. w ""e sses whose integrit vi^dmi.,^ 

?! ,h( T 7'dence in the case, and whose means*"T,f 
knowledge are personal and direct, but m my opinion 
less lull and complete than those of Mr. Brent 



Then between the testimony of the claimant 'and 
respondent there is a conflict, complete and irrecon- 
cilable. On the question of identity, such a conflict 
of testimony is not unprecedented nor uncommon in 
judicial proceedings, and the trial of Dr. Webster 
furnished a memorable instance of it. 

The question now -is, whether there is other evi- 
dence in this case which will determine this conflict. 
In every case of disputed identity there is one person 
always whose knowledge is perfect and positive, and 
whose evidence is not within the reach of error, and 
that is the person whose identity is questioned, and 
such this case affords. The evidence is of the con- 
versation which took place between Burns and the 
claimant on the night of the arrest. 

When the complainant entered the room where 
Burns was, Burns saluted him, and by his christian 
name — "How do you do, Master Charles?" He sa- 
luted Mr. Brent also, and by his christian name — 
"How do you do Master William?" r/fo the appel- 
lation, "Master," I give no weight.) 

Col. Suttle said, "How came you here?" Burns 
said an accident had happened to him — that he was 
working down at Roberts's, on board a vessel — got 
tired and went to slee;>, and was carried off in the 
vessel. 

Mr. S. Anthony, did I ever whip you? 
K. No, sir. 

Mr. S. Did lever hire you out anywhere where 
you did not wish to go? 
B. No, sir. 

Mr. S. Have you ever asked me for money that I 
did not give it to you! 
B. No, sir. 

Mr S. When you were sick did I not prepare you 
a bed in my own house, and put you upon it, and 
nurse vou?' 
B. Yes, sir. 

Something was said about going back. He was 
asked if he was willing to go back, and he said.— 
Yes, he was. 

This was the testimony of Mr. Brent. That a con- 
versation took place was confirmed by the testimony 
of Caleb Page, who was present and added the re- 
mark that Burns said he did not come in Capt. Snow's 
vessel. The cross-examination of Brent snowed that 
Col. Suttle said, — "I make you no promises, and I 
make you no threats." 

To me this evidence when applied to the question 
of identity, confirms and establishes the testimony of 
Mr. Brent in its conflict with that offered on the part 
of the respondent, and then on the whole testimony 
my mind is satisfied beyond a reasonable doubt of the 
identity of lhe respondent with the Anthony Burns 
.named in the record. 

It was objected that this conversation was in the 
nature of admissions and that, too, of a man stupified 
by circumstances and f.ar, and these considerations 
would have weight had the admissions been used to 
establish the truth of the matters lo which they re-, 
ferred to, i e. the usage, the giving of money, nurs-/ 
ing, &c. ; but they were used for no such purpose,! 
but only as evidence in reference to identity. Had/ 
I they been procured by hope or fear, they would have 
I been inadmissible; but of that 1 considered there was 
no evidence. 

On the law and facts of the case, I consider the 
claimant entitled to the certificate from me which he 
claims. 

The Commissioner then handed the certificate to 
the claimant's counsel. 




SATURDAY MORNING, JUNE 3, 1854. 



NEWS OF THE DAY.— Commissioner Loring 
decided yesterday that Anthony Burns be surrender- 
ed as a slave to his claimant. The unfortunate man 
was guarded by an armed force from the Court House 
to the end of Long wharf, and thence was embarked 






ONE COMPROMISE KEPT , 

The hopes which buoyed our community thron^™^ ^ *° ^ ™ J ^ beUeTe ' bUt that he *** S ° 
Thursday, that the testimony would be deemed insuf mterpreted ' and that this was the turning !*** of the 
ficient to justify the rendition of Burns to slavery Judgment against him Seems to ^ to be quite a PP ar " 
were yesterday dashed to the ground by the decision ^ The in J ustice and ini( l uit y of thus granting to 
of the Commissioner in fayor of the claimant This 1 * 18 ° ne ?idG ' and that tC& dde ° f slavery ' that which is 
decision was subsequently succeeded by the removal forbidden to tliat of freedom > cannot fail to strike 
of the unfortunate man. The particulars of this re-'^ rea30nable "T** 

moval our readers will find elsewhere Thev are WG W n0t &Uy gCT ' &t present ' u P on 

pregnant with the most humiliating and painful bub > tbe Commissioner ' s decision, nor the legal ground's 
gestions, which, in due time, shall find utterance UP ° U whichhehas baS8d iL We are wel1 aware that 
That our citizen soldiery should have been required' Conflicting °P inions exist in regard to it, and that 

' there are those in our community, for whose judg- 



by the command of the Mayor of this city, to- act as 
body guard to the officers of the Marshal's cortege— 
that through all the business hours of the day they 
should have been required to take forcible 



possession 



inents on legal questions we entertain a high respect, 
who hold that it is in conformity to the law. Be it so, 
The sooner a law involving such unrighteous prin- 

of business streets, excluding our citizens "fromtiheir dpleS sha11 be made t0 conform ' h ? essential modifi- 
rights and privileges, calls for the deepest indignation cation8 » with the clearest principles of justice, the 
It was as gratuitous and unnecessary as it was un- better wil1 lt h ° for the Creclit and h ° n ° 1 ' ° f ° Ul ' coun " 
just to the military, to place them, needlessly, upon a ^ 
duty so repugnant to the best feelings of manhood, 
and insulting and tyrannous to our fellow- citizens 



As for the decision of Mr. Loring, it may be seen 



The events of yesterday, as well as of the past 
week, are full of suggestive as well as painful inter- 
est. We have not been blind or deaf to their teach - 

in full in another portion of our issue. By it An- ings ' nor do we mean t0 be dmuD to tnem> If we nave 
thony Burns has been given up to his claimant. Those bo ^ ed in submission to law; if, during the past three 
of our readers who have attentively followed the evi- >' ears ' we nave waived our own convictions of the im- 
dence in this case, will have bad their own anticipations P oli cy— we use no harsher terra, of this odious statute, 
in regard to its decision, and will judge for themselves wll ich may not be enforced, even in the law and order 
how far it corresponds with their own views and ex- lovin S community of Boston, without the virtual de- 
pectations. We are free to say that, for our part, it clarat i° n of martial law, and a state of siege— -without 
has utterly disappointed all our previous anticipa- our streets being made to bristle with cannon, bayonets 
tions, and has filled our minds with painful feelings of and soldier y> lt has not beeu because we have ever 
surprise and regret. We shall not, at the present wavered fo1 " a moment in those views which we soi 
moment, dwell on the grounds upon which we had often and so freei y ex P ressed at the tirae of its enacts 
based our hopes' that the Commissioner would decide ment ' For the sake of P eace and concord betweerj 
that the claimant had failed to make out his case, that the different sections of the Union, and in a well in,] 
at least the testimony was so conflicting and irrecou- tended spirit of P atnotism and compromise, our fel- 
low citizens were willing to submit to its hateful re- 
quirements. They were at least willing to give the 
law a fair trial, in the belief and expectation that all 
compromises, whether they favored slavery or free- 
dom, would be observed. In this they have been 
disappointed, and at the very moment when our 
community had been aroused to the deepest indig- 
nation by [the Nebraska iniquity, our city has 
been subjected to the enforcement of a law which 
jars most painfully with all their sentiments of hu- 
manity, under circumstances of the most aggravat- 
ing and intolerable description. Among these has 
been the inhuman interference of Franklin Pierce 
and his infamous District Attorney, to prevent the 
purchase of the claimed fugitive, the unwarrantable 
usurpation of the Court House by United States 
troops, to the interruption of our State Courts and 
the annoyance of citizens, the employment of ruffians 
from our brothels as guardians of the majesty of law. 
All this and more than this, our citizens have been 
forced to endure. Is it to be wondered at that an en- 
tire revulsion has taken place in our community, and 
that the repeal of a statute which subjects us to such 
indignities, in order to restore to slavery the fugitives 
from those who trample upon compromises, should 
now be as earnestly demanded as that the majesty of 
law should be vindicated by means which do not de- 



cilable as to create the strongest doubts, and that the 
person claimed must have all the benefit of those 
doubts, and therefore be declared a freeman, his ser- 
vitude not having been satisfactorily established. Nor 
need we. They who have read the testimony, know 
already the points of weakness in it, upon which we 
founded these hopes. For can any man in his sober, 
deliberate judgment, declare that he believes that, if 
Burns had been an alleged criminal, instead of an 
alleged fugitive, on trial for an offence against law, he 
could have been convicted, with such flaws in the 
criminating evidence? Would a jury have waited 
long enough to leave their seats, before they pro- 
nounced the verdict of not proven? A criminal, j 
even an alleged murderer, by the principles of com- 
mon law, is entitled to the full benefit of whatever 
doubt may arise as to the establishment of his guilt. 
Is not a man on trial for that which should be as 
dear to him as his life, his freedom, entitled to the 1 
same benefits? If we understand Mr. Commissioner 
Loring aright, so far from this being the case, slavery, i 
not freedom, is to have all the benefit of the doubts | 
that may obscure the testimony. 

Another point cannot fail to strike our readers in/ 
connection with this case. The rendition of Burns iJ 
based chiefly on his own supposed admission of hrj 
being the slave of the claimant. He has thus be W 
made to condemn himself. Yet his testimony, if 
favor of himself or of his right to his own freedom 
would be inadmissible. That he did thus conderA 



srade and debase our common nature? 



— « 



|jgp We axe requested to state that the report 
(that nobody ever heard,) that Jack Ketch, Esq., has 
declined to act in cases arising under the laAV for the 
hanging of murderers, &c.,is without foundation. 

He has not resigned his office of hangman, and will 
shrink from the performance of no duty, which is re- 
quired of him by the laws of the land, which he has 
sworn to support. . 

Mr. Ketch may be found at his old office. 



We are credibly informed that a distin- 
guished broker from State street, offered to purchase 
Burns of Suttle yesterday, deliverable on board the 
Revenue Cutter, and that Benj. F. Hallett interfered 
and finally persuaded the owner not to part with, 
him. 

If this be true, it adds to the infamy which this 
Hallett has already acquired, we think few even of 
Ms political friends can justify such inhumanity. L. 



THE FUGITIVE SLAVE CASE. 

BURI§ HISTUHMEiO TO SLAVERY^ 
At an early hour yesterday, morning, the crowd commenced 
assembling in the neighborhood of the Court House, and by 
nine o'clock, the hour of opening the Commissioner's Court, a!l 
the avenues leading to that building were filled with a great mul- 
titude of human beings. No great outside excitement was man- 
ifested, but a deep feeling of shame and sorrow seemed to psr- 
vade al 1. 

At 1% o'clock, A. M., a field piece was received from the Navy 
Yard and was planted in Court Square a little south of the 
easterly entrance of the Court House, and pointing 'towards 
Court street. The cannon was kept in that position until the 
time of taking away the fugitive, with the exception of a shor t 
iuterval, during which a detachment of artillerists^went through 
the motions of loading and firing, (without discharging), for the 
evident purpose of giving information to the public as to the 
speed and precision with which it could be fired if necessary. 

The several companies of M. V . M. in the city began to assem- 
ble at their respective armories at 7 o'clock .in the morning, and 
soou after the streets resounded with the strains of martial mu- 
sic. The troops marched to the parade ground on the Common, 
where they formed into column, with the Lancers and (Light 
Dragoons on the right, the whole under command of Major Gen, 
Edmands. 

Immediately on the announcement of the decision of the Com- 
missioner, Court Square was cleared by the police, of all per- 
sons who had no special business within its limits. Hon. John 
C. Park displayed mourning from his office in the square, and 
Messrs. Jacobs J: Beane, and A. N. Cook & Co., and J. A. An- 
drew, on Court street, fc.uu£ out similar signs of regret. The 
Commonwealth office presented %x American flags, dressed in 
mourning, and lines of crape were stretched across the street. 
A cofiin s with "Liberty" inscribed on it, was also suspended from 
one of the windows. 

Efforts were made during .the forenoon to purchase the freedom 
of Burns, to be delivered up on board the Cutter, but through the 
influence of Mr. Hallett, negotiations were broken off, and no 
further attempts were made. Col. Suttle, the claimant, did not 
appear in Court. He was probably on board the Gutter, await- 
in"- the arrival of Burns. It is stated that the Mayor was applied 
to°to order thei bells to be tolled, but he declined to act in the 

matter. 

The following letter was received b# the Mayor; 

Bqstox, June l, 1854. 
To His Honor the Mayor 

and the Mdermcn oj the Can oj Boston; 

Through all the excitement attendant upon the arrest and trial 
of the Fugitive., by the U. S, Government, I have not received an 
order which I have conceived inconsistent with my duties as an 
officer of the Police, until this day, at which time I have received 
an order which, if performed, would implicate me in the execu- 
tion of that infamous ''Fugitive Slave Bill." 

I therefore resign the office which I now hold as a Captain ol 
the Watch and Police from this hour, 11 A. M. 

Most respectfully yours, Joseph K. Hayes. 

During the whole forenoon Court and State streets wer6 com- 
pletely filled with people. At about noon, however, they were 
cleared by the police and military, and detachments of militia 
were placed at the corners of all intersecting streets. Many of 
the stores and counting-rooms were closed. Two persons were 
arrested for disorderly conduct; one was the Wm. Jones (col- 
ored), who testified for the defence at the examination, and the 
other a white man, named W, H, Bass, The latter had a pisto 1 



en his person. The windows of all the- buildings tronxmg ua tuc 
line of march were filled with spectators from an early hour in 
the day until after the melancholy procession had passed. The 
Independent Cadet3, and three other companies, wers stationed 
in the neighborhood of the Court House, to preserve order and 
perform guard duty. 

At "-H4 o'clock, the Square was entirely cleared, and the U. S, 
Marines and Artillerists drawn up in front of the door. A body 
of some 125 individuals, (we cannot call them men), who had of- 
fered themselves to the Marshal for duty, were drawn up in the 
form of a hollow square, in the centre of which was the poor fu- 
gitive, the U. S. Marshal and his officers. They were armed 
with pistols and drawn cutlasses. This body-guard was com- 
posed of the dregs of seciety ; nearly all were blacklegs and 
thieves, most of whom have been or ought to be inmates of our 
prisons. The sight Avas a disgrace to a city which claims the 
title of the Athens of America, and the sooner the aid of such 
men is refused by government officers, the earlier law will be 
considered as law, and not as an exhibition of brute force. 

The procession was headed bv the Boston Light Dragoons, 
Capt, Wright, followed by the U. S. Marines, body guard and 
artillery, the latter having with them their piece of artillery. 
It went down State street to Long wharf at a quick step, all the 
way receiving the groans and hisses of the indignant people, not 
the ieast emphatic of which proceeded frrrn the steps of the 
Merchants' Exchange, where, it being high change, a great num- 
ber of our first men were congregated. 

Such a crowd as pressed on the sidewalks of State street we 
never before saw in Boston. At Commercial street, the proces- 
sion turned off, and proceeded down that street, on the back Side 
of Long wharf, to T wharf. The suddenness of the turn, which 
could not have been anticipated, caused a great crowd at the 
corner ; they attempted no violence, but those in front were 
pushed on by these behind, and in our opinion, undue harsh 
measures were used by the military on the occasion. Wc are 
not aware that any one was hurt, but several persons were push- 
ed down an open cellar way, and were in imminent danger of 
their lives in more ways than one. 

The fugitive was placed on board the John Taylor, at the end 
of T Wharf. Her steam was up, but from several causes of de- 
lay, the John Taylor was unable to leave until about 3)o o'clock 
when she joined the Revenue Cutter Morris, in waiting in the 
stream, and put the fugitive on board and towed her below the 
Fort. Deputy United States Marshal John Riley, together with 
officers Geo. J. Coolidge, Asa 0. Butman, Charles Godfrey # and 
William Black accompanied Burns to Virginia. The crowd was 
not permitted to go down T Wharf, and the various other 
wharves in the vicinity were filled with people. Long Wharf 
was especially so, the tops of all the vessels at its end, as well as 
their hulls, were completely covered with human beings. 

During the entire daj', and especially on the march down 
Court and State streets, the military, and all connected with the 
affair, were saluted with groans and hisses, which were not 
ceased until the steamer had left the wharf. The U. S. troops 
went down to the cutter, when those belonging at the Fort were 
landed there, and the Marines returned to the Navy Yard. 

Near the corner of Chatham and Commercial streets, a team- 
ster attempted to pass the line formed by Company A, Boston 
Artillery. He wa,3 ordered back, but refused so to do, and swore 
at the military. One of the company thrust a bayonet into his 
horse, whereupon the crowd pressed in to sec what was the mat- 
ter. Probably supposing that they intended an attack, Capt. 
Evans gave the order to his company to fire. The muskets were 
brought to the shoulders, when Lieut. Col. Boyd, who accident- 
ally was near enough to hear the order, countermanded it, and 
thereby prevented the fa.tal result which must have followed. 
The horse, we understand, died from the wound. 

A partially insane man, named John M. Clark, hailing from 
Vermont, received a slight wound on the head from a sabre ki 
the hands of one of the mounted soldiers. 

A gentleman connected with the evening press of this city, had 
been to the Custom House on business, and was returning to his 
office, when he was stopped by one of the soldiers on duty. He 
told his business, but was refused a passage; he again attempted 
to move along when the soldier thrust his bayonet at him; it 
went through his shirt collar and grazed his neck, causing a 
slight flow cf blood. At this time a policeman came up, and po- 
litely passed the gentleman through the lines. 

A boy whoso name we did not learn, was run over, but not se- 
riously hurt. 

We are happy to mention the gentlemanlike manner in which 
the arduous duties of the police were performed during the en- 
tire day. 

The following despatch was published in the evening papers 

of yesterday: — 

Pawtueket, June 2, — The news of the surrender of Burns has 
just reached here, creating a profound sensation. The bells are 
tolling here and In the adjacent towns. 



EVENING TRANSCRIPT. 



3: 



SATURDAY EVENING, JUNE S, 1»54. 

-_ .... ., — »,.,, P ^ -, J .,. , — - - ■ — 

Supbjhsacy op Law. In consequence of the 
large number of complaints which have reached 
ut in regard to the action of the Mayor, in put- 
ting the streets of Boston under martial law, and 
preventing persons from using the streets and 
avenues for the lawful purposes to which they 



In Manchester, Mass., the church bells were 
tolled. 

At Worcester, a large meeting was held on the 
Common, immediately after the receipt of Com- 
missioner Loring's decision; the bells were tolled 
md the stores of most of the prominent merchant 
vere draped in -mourning, 



Effigibs on Boston Common. Watchmen | 
of the Fourth Division (of which the late Deputy^ 
Chief Eaton is now captain) about 1 o'clock last* 
•re dedicated, we have consulted the statutes in I night, discovered three images suspended from 
relation to the subject. It will be seen by those! the Liberty Pole on the Common, respectively 
who examine the laws, that the Mayor exceeded! labelled as follows : 



his authority, and had the military yesterday ex- 
ecuted their orders to fire upon those who came 
%ithin the space guarded by military force, they 
would have committed murder in the eye of the 
law. The members of the Board of Aldermen 
wish to be relieved from the imputation now 
resting upon them, that any share of the odium 
of the tyrannous proceedings of yesterday rests 
with them. They were not consulted. 

By Massachusetts law, no mayor alone can or- 
d«s Hie troops called out to enforce the laws, to 
fire upon the people. That great power is only I 
given to the Governor, the Judge of any Court 
of Record or the High Sheriff. Of civil magis 
trates, other than the three classes above named, 
orders from two are required before arms can be 
used to disperse any unlawful collection of peo 
pie. The law places mayors and justices of th 
peace upon the same footing in respect to thi; 
matter, and they must be on the spot, so that th 
military, in the language of the statute, ca 
" there receive " orders from the civil magistrates 

In this view of the case, the gallant conduct o: 
Major John C. Boyd in countermanding the or- 
der to fire given by Csipt. Evans of the Boston 
Artillery, saved us from the evils incident to such 
usurpations as mentioned above. Massachusetts 
ha§ thrown around her citizens the most ampl 
legal protection against the inconsiderate actio 
of those dressed in a little brief authority 



Marshal FuEiurAN, 
Chief of Boston Ruffians, 

and 
Slaveholders' Blood-Hound. 

Benj. F, Hallett, 
United States District Attorney, 
and 
Attorney General to the Prince of Darkness. 

Commissioner Loring, 

the $10 Jeffries 

of 1851. 



tsj 

% 



Over Done. We find the opinion prevails 
throughout the business community that the 
city authorities have made a very decided mistake 
in their action with reference to the proceedings 
of this day. They have assumed a fearful re- 
sponsibility in virtually proclaiming martial law 
for so many hours, and practically making "ne- 

S'-o-catching" municipal business. [Transcript of 
riday. 1 

Justice to ourselves demands that we should be 
absolved from the implication conveyed in the 
above paragraph. We not only did not advise 
the Mayor to call out the military to escort the \ 
poor fugitive to the slave vessel, but earnestly 
entreated him to do nothing to implicate the city 
of Boston in the disgraceful proceedings. We 
were desirous that the U. S. authorities should 
bear the whole responsibility of returning to 
slavery a freeman of Massachusetts. The May- 
or is the only one of the "City Authorities," so 
far as we know, who ordered the Military of, 
Massachusetts and the Police of Boston to as- 
sist in an act which belonged exclusively to the 
U. S. authorities. 

George F. Williams, I 
B. L. Allen, Aldermen 

W. Washburn, \ of 

Tisdale Drake, Boston. 

A . B. Munroe. )_ 

The Slave Case. Upon the receipt of the 
intelligence that Burns was delivered up by Com- 
missioner Loring to be sent back into slavery, 
the bells on the churches were tolled in Pepper- 
ell, f ' 



Card to the Public. Mr. H. W. Allen, of Lou- 
isiana, at the request of his friends, Col. Suttle, and 
Mr. Brent, of Virginia, publishes a card in the Post 
this morning, thanking the United States officers and 
the citizens of Boston, for the Arm and patriotic man- 
ner in which they have acted during the whole course 
of the late exciting trial. We copy the following par- 
agraph from this card, written, jt will he noticed, at 
the Request of the claimant and his witness : 

To the disconsolate widow of Mr. Batchelder— he 
who fell in defence of the laws of his country — I have 
to say that the city of Alexandria will take care of 
her. To the kind-hearted and philanthropic ladies 
and gentlemen who actually subscribed, and were 
anxious to purchase the freedom of Anthony Bums, 1 
am authorized to say, that after his return to Virginia^ 
thev can fuli il their benevolent wishes. 

Personal. Col. Suttle, the claimant of the fugi- 
tive Burns, left the Revere House at an early hour 
yesterday morning, and pioceeded to the Navy Yard 
at Charlestown, from whence he was taken by the 
barge on board the cutter Morris, where he remained 
during the day. He was apprised of the decision of 
Commissioner Loring some twenty hours before it 
was given in Court. This fact fully accounts for the 
action of the official gentlemen who volunteered to 
publicly announce acquiescence in the decision, 
"whichever way if might be." 

Military Reunion.— Last evening, after the dis- 
missal of the State troops, a number of field, staff and 
other officers, with a few invited guests, including 
Mayor Smith, partook of a collation at the Albion. 
Major General Edmands took the head ot the table. 
Mayor Smith complimented the citizen soldiery on the 
manner in which they had performed their duty, and 
was in his turn complimented by a toast relative to his 
casting vote on the proposal to eject the U. §. authori- 
ties from the Court House. Other toasts complimenta- 
ry of the military were given, and also one to Gov. 
Washburn, as the friend of the Volunteer Militia, and 
the representativs of the conservative sentiments of the 
people. Speeches were made and toasts given by offi- 
cers present, after which the company separated. 



BICHABD H. DANA, JR., ESQ., 

IJT THE DEFENCE OF 

ANTHONY BUM 

Claimed as a Fugitive Slave, by CHARLES 
F. SUTTIJS, of Virginia, 

Before Edward O. liOraeg, Esq* 

COMMISSIONEB, 
MAY 3 1, 18 54. 

I congratulate you, Sir, that your labors, so anx- 
ious and painful, are drawing to a close. I con- 
gratulate the commonwealth of Massachusetts, 
that at length, in due time, by leave of the Mar- 
shal of the Uiiited States and the District Attor- 
ney of the United States, first had and obtained 
therefor, her courts may be re-opened, and her 
Judges, suitors and witnesses may pass and repass 
without being obliged to satisfy hirelings of the 
United States Marshal and bayoneted foreigners, 
clothed in the uniform of our army and navy, that 
they have a right to be there. I congratulate the 
city of Boston, that her peace here is no longer to 
be in danger. Yet I cannot but admit that while 
her peace here is in some danger, the peace of all 
other parts of the city has never been so safe, as 
while the Marshal has had his posse of specials in 
this Court House. Why, Sir, people have not felt 
it necessary to lock their doors at night,the broth- 
els are tenanted only by women; fighting dogs 
and racing horses have been unemployed, and 
Ann street and its alleys and cellars show signs of 
a coming millenium. 

I congratulate, too, the Government of the 
United States, that its legal representative can re- 
turn to his appropriate duties, and that his sedu- 
lous presence will no longer be needed here in a 
priva e civil suit, for the purpose of intimidation, 
a purpose which his effort the day before yester- 
dav showed every desire to effect, which, although 
h aid not influence this Court in the least, I deep- 
ly regret your Honor did not put down at once, 
and bring to bear upon him the judicial power of 
this tribunal. I congratulate the Marshal of the 
United States that the ordinary respectability of his 
character is no longer to be in danger from the 
character of the associates he is obliged to call 
about him. I congratulate the officers of the 
army and navy that they can be relieved from 
this service,which as gentlemen and soldiers surely 
they despise, andean draw off their non-commis- 
sioned officers and privates, both drunk and sober, 
from this fortified slave-pen, to the custody of the 
forts and fleets of our country, which have been 
left in peril, that this great Republic might add to 
its glories the trophies of one more captured slave. 

I offer these congratulations in the belief that 
the decision of your Honor will restore to freedom 
this man, the prisoner at the bar, whom fraud and 
violence found a week ago a free man on the soil 
of Massachusetts. But rather than that your deci- 
sion should consign him to perpetual bondage, I 
would say — let this session never break up ! Let us 
sit here to the end of that man's life, or to the end 
of ours. But, assured that your Honor will carry 
through this trial the presumption which you re- 
cognized in the outset, that this man is free until 
be is proved a slave, we look with confiderce to a 
better termination. 

Sir Matthew Hale said it was better that nine 
guilty men should escape than that one innocent 
man should suffer. This m >xim has beeb ap- 
proved by all juris s and statesmen from that day 
to this. It was applied to a case of murder, where 
one man's nfe was on one side and the interest of 
an en the community on the other. How much 
more should it \ e applied to a case like thie, where 
on the one side is something dearer than life, and 
on the other no public interest whatever, but only 
the value of a few hundred pi3ces of silver, which 
the claimant himself, when offered to him, refused 
to receive. It is not by rhetorij, but in human na- 
ture, by the judgment of mankind, that liberty is 
dearer than fife. Men of honor set their lives at 
a pin's fee on d point of etiquette. Men peril it 
for pleasure, for glory, for gain, for curiosity, and 
throw it away to escape poverty, disgrace or de- 
spair. Men have sought for death, and digged for 
it as for hid treasure. But when do men seek for 
slavery, for captivity? I have never been one of 
those who think haman life the highest thing, I 
believe there are things more sacred than life. — 



Therefore I believe men may sacrifice their own 
lives, and the community, sometimes the single 
man, may take the Hves of others. Such is the 
estimation in which it is held by all mankind. — 
No ! there are some in my sight now, who care 
nothing for freedom, whose sympathies all go" for 
despotism, but thank God they are few and grow- 
ing less. Such is the estimate of life compared 
with freedom, which the common opinion of 
mankind, and the common experience of mankind 
has placed upon it. Here is a question of a few 
despised pieces of silver on the one hand, and on 
the other perpetual bondage of a man, from early 
manhood to an early or late grave, and the bond- 
age of the fruit of his body forever. We have 
a right, then, to expect from your Honor a strict 
adherence to the rule that this man is free until he 
is proved a slave beyond every reasonable doubt, 
every intelligent abiding misgiving, proved by evi- 
dence of the strictest character, after a rigid com- 
pliance with every form of law whi^h statute, 
usage, precedent has thrown about the accused as 
a protection. 

We have before us a free man. Col. Suttle says 
there was a man in Virginia named Anthony 
Burns; that that man. is a slave by the law of Vir- 
ginia; that he is his slave, owing service and labor 
to him; that he escaped from Virginia into this 
State, and that the prisoner at the bar is that An- 
thony Burns. He says all this. Let him prove it 
all ! "' Let him fail in one point, let him fall short 
the width of a spider's thread, in the proof of all 
his horrid category, and the man goes free. 

Granted that ail he says about his slave in Vir- 
ginia be true — is this the man? 

On the point of personal identity, the most fre- 
quent, the most extraordinary, the most notori- 
ous, and sometimes the most fatal mistakes have 
been made, in all ages. One of the earliest and 
most pathetic narratives of Holy Writ, is that of 
the patriarch, cautious, anxious, crying again and 
again, "Art thou my very son Esau?" and by a 
fatal error, reversing a birth-right, with conse- 
quences to be felt to the end of time. You know, 
Sir— they are matters of common knowledge— 
that a mother has taken to her bosom a stranger 
for an only son, a few years absent at sea. Whole 
families and whole villages have been deceiyed 
and perplexed in the form and face of one they 
have known from a child. You have found it 
difficult to recognize your own class-mates, at the 
age of three or four and twenty, who left you in 
their sophomore year. Brothers have mistaken 
brothers. We have the Comedy of Errors. Let \ 
us have no Tragedy of Errors, here! The first 
case under this statute, the case of Gibson ,in Phil- 
adelphia, was a mistake. He was sworn to, and \ 
the Commissioner was perfectly satisfied, and 
sent him to Maryland. Against the will of the 
claimant, from the humanity of the Marshal, who 
had his doubts, and would not leave the man at 
the State line, but went with him to the threshold 
of the door of the master's house, the mistake was 
discovered before it was too late. In the late case 
of Freeman, in Indiana, the claimant himself was 
present, and the testimony was entirely satisfac- 
tory, and he was remanded, but it turned out a 
mistake, and he has recovered, I am told, $2,000 
in damages. These are the mistakes discovered. 
But who can tell over to you the undiscovered 
mistakes ! The numbers who have been hurried 
off, by some accidental resemblance of scars or 
cuts, or height, and fallen as drops, undistin- 
guishable, into the black ocean of slavery? 

Make a mistake here, and it will probably be ir- 
remediable. The man they seek has never lived 
under Col. Suttle's roof since he was a boy. He 
has always been leased out. The man you send 
away would be sold. He would never see the light 
of a Virginia sun. He would be sold a| the first 
block, to perish after his few years of unwonted 
service, on the cotton fields or sugar fields of 
Louisiana and Arkanzas. Let us have, then, no 
chance for a mistake, no doubt, no misgiving! 

What, then, is the evidence? They have but 
one witness, and one piece of paper. The paper 
cannot identify, and the proof of identity hangs on 
the testimony of one man. It all hangs by one 
thread. That man is Mr. Brent. Of h'm, neither 
you nor I, Sir, know anything. He tells us he is 
engaged in the grocery business, and lives in Rich- 
mond, Virginia. Beyond this, we know nothing 
good or bad. He knew Burns when a boy, run- 
ning about at Col. Suttle's, too young to labor. 
He next hired him himself, in 1846, and '7. This 
was seven years ago. He says Burns is now 23 or 
24 years of age. He was then 16 or 17 years old. 
He is now a matured man. 



Since that time lie has leased him, as agent for 
Col. Suttle, but does not seem to have been brought 
in close contact with him, or to have done more 
than occasionally meet him in the streets. The 
record they bring here describes only a dark com- 
plexioned man. The prisoner at the bar is a full 
blooded negro. Dark complexions are not uncom- 
mon here, and more common in Virginia. The re- 
cord! does not show to which of the great primal 
divisions of the human race, the fugitive belongs. 
It might as well have omitted the sex of the fu- 
gitive. It says he has a scar on one of his cheeks. 
The prisoner has, on his right cheek, a brand or 
burn nearly as wide as the palm of a man's hand. 
It says he has a scar on his right hand. A scar ! 
The prisoner's right hand is broken, and a bone 
stands out from the back of it, a hump an inch 
high, and it hangs almost useless from the wrist, 
with a huge scar or gash covering half its surface. 
Now, Sir, this broken hand, this hump of bone in 
the midst, is the most noticeable thing possible in 
the identifying of a slave. His right hand is the 
chief property his master has in him. It is the 
chief point of observation and recollection. If 
that band has lost its cunning or its power, no 
man hears it so soon and remembers it so well as 
the master. Now, it is extraordinary, Sir, that 
neither the record, nor Mr. Brent say anything 
about the most noticeable thing in the man. No- 
where in Mr. Brent's testimony, does he allude to 
it, but only speaks of a cut. The truth is, please 
your Honor, one of two things is certain here. If 
Mr. Brent does know intimately Anthony Burns 
of Richmond, and has described him as fully as 
he can, the prisoner is not the man. Anthony 
Burns was missing, and Mr. Brent hurried down 
to Alexandria to tell Col. Suttle. The record is 
made up, which is probably still only Mr. Brent 
on paper. Mr. Brent comes here with Col. Suttle, 
as his friend. Emisseries are sent out with the de- 
scription in their hand, and they find a negro, with 
a huge brand on his cheek and a broken and cut 
hand, and that is near enough for catchers, paid 
by the job, to a "dark complexioned man," with 
"a scai on the cheek and on the right hand." Mr. 
Brent knows, and does not swear otherwise, that 

the Anthony Burns he means baa oniy a, so** ^ 
cut, and he distinctly said "no other mark." But 
still he swears to the man. Indentification is mat- 
ter of opinion. Opinion is influenced by the tem- 
per and motive and frame of mind. Bemember, 
Sir, the state of political excitement at this n*o- 
ment. Remember the state of feeling between 
North and South, the contest between the slave 
power and the free power. Remember that this 
case is made a State issue by Virginia, a national 
question by the Executive. Reflect that every 
reading man in Virginia, with all the pride of the 
Old Dominion aroused in him, is turning his eyes 
to the result of this issue. No man could be more 
liable to bias than a Virginian, testifying in Mas- 
sachusetts, at this moment, on such an issue, with 
every powerful and controlling motive on earth 
enlisted for success. 

Take the other supposition, which may be the 
true one, that Mr Brent does not kn©w Anthony 
Burns particularly well. He goes down to Alex- 
andria to tell Col. Suttle that he has escaped. The 
record is made up there, as best they can. Mr. 
Brent did not go there as a witness to identify, and 
does the best he can. He does not recollect 
whether he is a negro or mulatto, or or what 
shade, so he calls him "dark complexioned," 
and he can speak only of a scar, he does not know 
on which cheek, and of a scar on the hand. Be- 
yond this, he is uncertain. If th's is so, your 
Honor can have no satisfying descripiion of An- 
thony Burns, the slave of Col. Tuttle, if such a 
person there be. 

But there is, fortunately, one fact, of which Mr. 
Brent is sure. He knows that he saw this Antho- 
ny Burns in Richmond, Virginia, on the 20th day 
of March last, and that he disappeared from there 
on the 24th. To this fact, he testifies unequivo- 
cally. After all the evidence is put in on four side 
to show that the prisoner was in Boston on the 1st 
and 5th of March, he does not go back to the 
stand to correct an error, or to say that he may 
have been mistaken, or that he meant only to say 
that it was about the 20th and 24th. He persists 
in hi? positive testimony, and I have no doubt he 
is right and honest ia doing so. He did see An- 
thony Burns in Richmond, Va., on the 20th day 
of March, and Anthony Burns was first missing 



from there on the 24th. But the prisoner was in 
Boston, earning an honest livelihood by the work 
of his hands, through the entire month of March, 
from the 1st day forward. Of this your Honor 
cannot, on the proofs, entertain a reasonable 
doubt. 

William Jones, a colored man, well known in 
this city, who works for the city, and for the Mat- 
tapan Company, and for others, and entirely un- 
impeached, testifies that on the first day of March 
he met the prisoner in Washington "street. He 
knows the man. He tells you of all the places he 
went to with him to find work for hiha to do. He 
received him into his house as a boarder on that 
day. On the 5th day of March they began work- 
ing together at the Mattapan works, in South Bos- 
ton, cleaning windows and whitewashing, and 
worked for five or six days. Then, on the 18th 
they worked at the City Building. Then Burns 
left him for another employ. Jones cannot be 
mistaken as to the identity. The only question 
would be as to the truth of his story It is a truth 
or it is a pure and sheer fabrication. 1 saw at once, 
and as every one must have felt, that a story so 
full of details, with such minuteness of dates and 
names and places, must either stand impregnable 
or be shattered to pieces. The fullest test has 
been tried. The other side has had a day in which 
to follow up the points of Jones' diary, and discover 
his errors and falsehoods. But he is corroborated 
in every point. 

Mr. Drew, the clerk of the Mattapan works, says 
that Jones and the prisoner cleaned the windows 
and did the whitewashing of that establishment 
from the 5th to the 10th of March. He has an 
entry of the first day's payment in his card book 
on the 5th. Various other payments were made at 
intervals, until the 28th, When a final settlement 
was had. This settlement included Jones' jwork in 
painting, which went on after the window-cleaning 
was done. He says that after he settled with 
Jones, the prisoner came to him to know how much 
he paid Jones for his work, and he told him. He 
says he heard that he was wanted as a witness, 
and thought it a joke, and came down here and 
was told that the man claimed as a slave had 
worked for him. He came into the room and re- 
cognized him at once, and the prisoner recognized 
the witness. His testimony corroberates Jones in 
another particular. Jones says he remembers the 
dates from the fact of a dispute between him 
and the prisoner, which led him to ask Mr. Rus- 
sell to enter the dates of the prisoner's coming to 
his house in his pocket book, as Jones himself 
does not write. This pocket book was produced 
by Jones, and Mr. Russell, who made the entries, 
was sworn by us, and has been here. 

Mr. Whittemore is a member of the City Coun- 
cil, and was one of the Directors of the Mattapan 
Co. He made a journey to the West, from which 
he returned on the 8th day of March. On that 
day or the next, he* went to the works, where his 
counting room is. The prisoner and Jones were 
cleaning the windows of the counting room. He 
noticed the peculiar condition of his hand, and the 
mark on his cheek. He is sure of.the man and of 
the date. He heard at the armory of the Pulaski 
Guards, of which he is a lieutenant, of Jones's 
testimony, and said to himself and others, " I 
shall know that man," and came here to see. As 
soon as he saw him, he knew him. 

Now, Sir, Mr. Whittemore, in answer to a ques- 
tion from me, whether he was under the odi- 
um of being either a Free Soiler or an Abolition- 
ist, said that he was a Hunker Whig. The coun- 
sel thought this an irrelevant question. I told 
him I thought it vital. Not that the political re- 
lations of Mr. Whittemore could affect your Hon- 
or's mind, but that it shows he has no bias on our 
side. Moreover, I am anxious not only that your 
Honor should believe our evidence, but that the 
public bhould justify you in so doing. And there 
is no fear but that the press and the public mind 
will be perfectly at ease if it knows that your 
Honor's judgment is founded ^even in part, in a 
fugitive slave case, in favor of the fugitive, on the 
testimony of a man who has such a status illazsce 
existimationis, as a Hunker Whig, who is eke a 
train-band captain in a corps under arms ! 

Jones says that they went to work every day at 
7 o'clock. Mr. Culver, the foreman, and Mr. Put- 
nam, a machinist, and Mr. Gilman, the teamster, 
of the works, say that the hour of work was 
changd to 6 1-2 A. M., on the first of April. They 
also are quite sure, from the course of the work 
and their general recollection, that it was dono 



•— 



early in March. Mr. Gilmau'has an additional 
recollection that it was a few days after pay-day, 
which was March 1st. Mr. Putnam has a memor- 
andum which shows that he began his own work 
there on the 3d or 4th day of March, and he says 
Jones began cleaning the windows a few days 
after. 

Then Mr. Brown, one of the city Police, now on 
duty, testifies that on entering the Court Room, 
he recognized the prisoner at once. He has no 
doubt of him. He first saw him at the Mattapan 
Works cleaning windows with Jones. He him- 
self left off his work there on the 20th of March, 
as his memorandum and recollection show. — 
About ten days before he left off he changed his 
work to a new building in Which there were no 
windows. The windows were cleaned in the old 
building and of course before the 10th of March. 
His attention was called to the man at the time. 
He spoke to him, and asked him to wash a certain 
window. 

This is the testimony as to the Mattapan works. 
Is it not conclusive ? It is clear that the work was 
done there by Jones aud a colored man from the 
5th to the 10th of March. Jones worked there at 
no other time. This man was the prisoner. On a 
question of identity, numbers is everything. One 
man may mistake, by accident, by design or 
bias. His Sight may be poor, his observa- 
tion imperfect, his opportunities slight, his re- 
collection of faces not vivid. But if six or eight 
men agree on identity, the evidence has more than 
six or eight times the force of one man's opinion. 
Each man has his own mode and means and habits 
of observation and recollection. One observes one 
thing, and another another thing. One makes 
this combination and association, and another that. 
One sees him in one light of expression, or posi- 
tion, or action, and another in another. One re- 
members a look, another a tone, another the gait, 
another the gestare. Now if a considerable num- 
ber of these independent observers combine upon 
the same man, the chances of mistake are lessen-, 
ed to an indefinite degree. What other man could 
answer so many conditions, presented in so vari- 
ous ways. On the point of the time and place, 
too, each of those witnesses is an independent ob- 
server. These are not links in one chain, each de- 
pending on another. They are separate rays, from 
separate sources, settling on one point. 

Here we have the testimony of Mr. Favor, whom 
I know you have noticed as a respectable man, 
who remembers Jones bringing the prisoner to his 
shop, in Lincoln street, to find work, very early in 
March; and Stephen Maddox, a tailor, says that 
Jones brought the prisoner to his shop to find 
work. He remembers telling him that he should 
have no work for him for two months, as his out- 
door work, cleaning, &c, did not begin so as to 
require help before the first of May. This is a 
natural observation, and it is as natural he should 
remember it. A poor man was applying for work. 
He was obliged to put him off, and, to show his 
sincerity, he explained to him the course of his 
work. He was obliged to sentence him to disap- 
pointment and delay for two months. He remem- 
bered it. It would be remembered by a kindly 
man, under such circumstances. 

The attempt at contradiction as to the City 
Buildings fails. Mr. Gould confirms Jones's ac- 
count that he worked there on the 18th or 17th of 
March. He does not recollect the prisoner being 
with him; but he admits that he was there only 
twice a day, and Jones said that the prisoner was 
there only an hour or so, to help him a little, 
without pay. 

Mr. Brent puts his case resolutely and unequiv- 
ocally on the ground that the man he means was 
in Richmond up to the 20th. We have proved 
that the prisoner was here on the 1st and 5th and 
10th and 18th. This is inconsistent with the 
claimant's case. This witness does not pretend a 
mistake or doubt. They cannot pretend one in 
argument, because he has been in Court all the 
while, and is not recalled. 

If we had the burden of proof, should we not 
have met it? How much more then are we en- 
titled to prevail, where we have only to shake the 
claimant s case by showing that it is left in rea- 
sonable doubt? 

Whatever confidence I may have in this posi- 
tion, I must not peril the cause of my client by 
any overweenirjg confidence in my ownjudgment. 
I must therefore call your Honor's attention to 
the other points of our defence. 

Assuming now, for the purpose tf Carter in- 



quiry, that all our testimony is thrown out, and 
let the case rest on their evidence alone. It is in- 
cumbent on them to show that the prisoner owes 
service and labor to Col. Suttle, by the laws of 
Virginia, ane that he escaped jrom that State into 
Massachusetts. 

Does he owe service and labor to Col. Suttle? 

The claimant, perhaps, will say that the rec- 
ord is conclusive on the facts of slavery and es- 
cape, and that the only point open is that of iden- 
tity. That is so if he adopts the proper mode of 
proceeding to make it so. Section 10 of the Fugi- 
tive Slave Law provides a certain mode of pro- 
ceeding, anomalous, in violation of all rules of 
common law, common right and common reason/ 
a proceeding thai has nof its precedent, so far as I 
can learn, in the legislation of any Christian na- 
tion, therefore to be strictly construed, and not to 
be availed of unless strictly followed. It provides 
that the questions of slavery and escape shall be 
tried, ex parte, in the State from which the man es- 
caped, and not in the State where he is found. 
The hearing and judgment are to be there and not 
here. This judgment being authenticated is to be 
produced here, and the Commissioner here has 
only jurisdiction to inquire whether the person 
arrested is the person named in the judgment. He 
cannot go into the matters there decided, but only 
see if the record fits the man. 

Section 6 of the Statute provides an entirely dif- 
ferent proceeding. It authorizes the Court here 
to try the questions of slavery and escape, as well 
as identity, and requires them to be tried by evi- 
dence taken here, or certified from the State from 
which he escaped, or both. It is not pretended 
that this transcript of a recoid is such evidence. 
Now, which proceeding are we under? Doubtless 
under that provided in the 6th section. The 
claimant introduces Mr. Brent, and by him offers 
evidence to prove the fact of slavery, the title of 
Col. Suttle, and the escape. He goes fully into 
these points. This was not offered as a mode of 
proving identity. The identity was proved first, 
and then the other evidence was put in. It was 
professedly to prove title and escape. Parts of it 
were objected to as tot competent to prove those 
points, and advocated as competent for that pur- 
pose, and on no other ground, and ruled in or 
ruled out on that ground. They introduced evi- 
dence tending to show that a certain negro woman 
was a slave of Col. Suttle, and that that woman 
was the mother of Burns, and that his brothers 
and sisters are slaves, and they introduced evi- 
dence tending to show an escape, in the same man- 
ner. After that, they offered the record and we 
objected to it, and it was received de bene esse, and 
its admissibility is now to be decided upon. 

We say that the two proceedings cannot be 
combined. The jurisdiction and duties of the 
magistrate are different in the two cases. The 
rights of parties are different. It i°, evident that 
the statute makes them different proceedings and 
not merely different proofs, for they are not 
merely put into separate sections, but each section 
contains a repetition of the foundation of a pro- 
ceeding, its progress, the decision and execution, 
and each provides for the receiving of evidence of 
identity. There is a different form of certificate 
required in the two cases. On the face of the 
statute they are two proceedings. You cannot 
combine scire facias on a record with a count in 
assumpsit, proving the original debt by parol. 
You cannot, on the voir dire, examiae the party 
himself, and prove his interest by other evidence 
also. 

, Even if the record can be combined with parol 
proof, it can hardly be contended that it is conclu- 
sive against the proof the claimant himself puts 
wth it. When the statute says it is conclusive, 
it means that the defendant is not admitted to 
contradict it by proof. But if the claimant intro- 
duces proof which overthrows its allegations, can 
he contend that it is conclusive? If he proves 
that the right to the certificate is in Millspaugh, 
and not in Col. Suttle, can he fall back on his re- 
cord and claim a certifieate for Col. Suttle? If he 
proves that the man did not escape, can he fall 
back on his record, and claim a certificate for an 
escaped fugitive ? 

I pray your Honor, earnestly, to confine this re- 
cord—the venomous beast that carries the poison 
to life and liberty and hope in its fang — to confine 
it in the straitest Jimits. It deserves a blow at the 
hand of every man who meets it. 

If your Honor considers the record as admissi- 
ble, in other respects, and conclusive if admitted, 
we have objections to offer to it from the nature 
of its contents and form. 



In the first place, it does not purport to be a 
"record of the matters. proved." It is all in the 
way of recital. It says, " On the application of 
Chas. F. Suttle, who this day appeared and made 
satisfactory proof that, &c, it is ordered that the 
matters so proved and set forth be entered on the 
records of this Court," and there it ends. Well, 
have they entered the facts on the record? If so, 
I should like to see the entry. Where is the 
transcript of that record? All we have here is the 
porch to the building, with a superscription recit- 
ing what is to be found within. We are entitled 
to the building and its contents. 

In the next place, the record does not, as I have 
already once observed, set forth a description of 
the person, " with such convenient certainty as 
maybe." It does not tell you whether he is a 
negro , a mulatto, a white, or an Indian. The rest 
of the description would be full enough,.if it fitted 
the prisoner at the bar. That goes, to be sure, to 
the point of identity. t But let me remind you, Sir, 
here, that a scar is not a large brand, and that a 
scar is no adequate description of the state or ap- 
pearance of that man's hand. 

The record is also objectionable, because it does 
not allege that he escaped into another State. Un- 
less he has escaped into another State, the casus 
foederis does not arise. And how is your honor to 
know that he did escape into another State. The 
only evidence you can legally receive is on the 
point of identity. If you proceed strictly by the 
record, you are without evidence of one great fact 
necessary to call into action the constitutional 
powers. 

We have great confidence, please your Honor, 
that the record will be excluded on one or more of 
these points; or that, if admitted, we may control 
it by the claimant's own testimony. 

Does he then, by the claimant's own evidence, 
owe to Col. Suttle service and labor? 

Their evidence shows conclusively that he does 
not. Mr. Brent tells us that Col. Suttle made a 
lease of him to a Mr. Millspaugh of Richmond, 
in January last, and that he was in the service of 
Mr. Millspaugh when he disappeared, It is the 
ordinary case of a lease of a chattel. The lessee 
has the temporary property and control. The re- 
versioner has no right to interfere with the pos- 
session or direction of the chattel during the lease. 
This proceeding has always been defended, by 
those who hold it to be constitutional, on the 
ground that it merely secures and affects the tem- 
porary control of the slave, and does not affect 
the general property. It is not a judgment in 
rem. There is no decree affecting title. If this is 
so, there can be no pretence of a right on the part 
of the reversioner to the certificate prayed for 
here. A little consideration makes this clear. The 
claimant says he has escaped without leave, and 
asks for power to reduce him into possession and 
under control again — into his own possession and 
under his own control. Now, Mr. Millspaugh has 
the sole right of possession and control. Mr. 
Millspaugh may allow him to come to Massachu- 
setts and stay here until the end of the lease, if 
he chooses. Col. Suttle has nothing to say about 
it. If Mr. Millspaugh does not return him to Col. 
Suttle at the end of his lease, he is liable to Col. 
Suttle on his bond, which Mr. Brent tells us is 
given in these cases. Suppose your Honor should 
grant the certificate, and Col. Suttle should take 
the man to Mr. Millspaugh. Mr. Millspaugh would 
say to him, ''Why are you carrying my man about 
the country ? I have not asked or desired you to 
do any such thing?" 

"But," says Col. Suttle, "I have a certificate 
from a Commissioner in Boston, certifying that 
he is now owing me service and labor, and author- 
izing me to take and carry him off." 

" Then the Commissioner did not know that I 
had a lease of him." 

" Yes, he did. Mr. Brent let that out. It came 
very near upsetting our case. But we got our 
certificate, some how or other, notwithstanding." 

But r.o such answer will be given to any certifi- 
cate to be issued by jour Honor. On the contra- 
ry, when Col. Suttle goes back to Virginia and 
tells Mr. Millspaugh that he was refused the cer- 
tificate, Mr. Millspaugh will say to him, " To be 
sure you were. Did not you know law enough to 
know, you and Brent together, that you had no 
right to the possession and control of the man 
I have hired on a lease. Did you suppose, the 
Boston commissioners would have so little regard 
for this species of property in Virginia as to give 
it away to the first comer?" 



Beside this lease, leaving only a reversion in 
fj Col. Suttlb, the reversion itself is mortgaged. Mr. 
I Brent told us, in his simplicity, thinking he was 
all the time proving prodigious acts of ownership, 
that Col. Suttle mortgaged Burns, with other 
property, to one Towlson. This mortgage has 
never been paid or discharged, so far as we know. 
The evidence leaves it standing. Even if the re- 
versioner could otherwise have this certificate, he 
cannot here, for there is a mortgage. A mortgage 
of a chattel passes the legal property, so that the 
mortgagor cannot maintain trover for its con- 
version. (Holmes v. Bell, 3 Cush.) 

There is greater need for adhering to this rule 
as to the right of present possession and control 
in this proceeding than in ordinary actions, for 
an escape is an essential element in the claimant's 
case. To constitute an escape, the fugitive must 
have gone away against the will of the person 
having a right to say whether he shall go or 
come. This person is the lessee. As Col. Suttle 
could not authorize Burns to leave Virginia, so 
neither could he forbid his leaving it. He has 
simply nothing to say about it. He cannot au- 
thorize him to stay in Massachusetts, nor can he 
compel him to go away. He may say that if he 
cannot, his reversion is good for nothing. That 
is the case with all leases of chattels. He should 
think of that when he parts with his property. 
He does provide for it. He takes a bond. If the 
man is not returned to him at the end of his lease, 
let him look to his bond! Let him not come here, 
to Massachusetts, disturb the peace of the nation, 
exasperate the feelings of our people to the point 
of insurrection by this revolting spectacle, sum- 
mon in the army and navy to keep down by 
bayonets the great instincts of a great people, 
J aul to prison our young men of education and 
character, and persecute them even unto strange 
cities, and cause the blood of a man to be shed. 
Let him look to his bond! If he must peril life, 
disturb peace, outrage feelings and exasperate 
temper from one end of the Union to the other, 
let him do it for something that belongs to him, 
not for a mortgaged reversion in a man. Let him 
look to his bond! 

Mr. Millspaugh, who alone has the right, if any 
one, to institute these proceedings, has done noth- 
ing about theM. They do not produce even his 
affidavit. 

In the next place, setting aside the difficulty about 
the lense, and the mortgage, and the identity, has 
the man ever escaped? He is said to have escaped 
from the control and possession of Mr. Millspaugh. 
How do wcrkHOWnchat? The only evidence is that 
of Mr, Brent, and what dees Mr. Brent know 
about it? He only knows that he was in Rich- 
mond on the 20th, and was missing on the 24th. 
He does not even say that he has ever spoken to 
Mr. Millspaugh about it, or that Mr. Millspaugh 
was at home, or has complained about it. Mr. 
Millspaugh may have given him leave, or may not 
care whether he is away or not. There is no evi- 
dence^ an escape. There is only evidence that he 
is missing. He was there. Now (for the argument, 
grant it) he is here. What of it? Did he come 
away of his own will, and against the will of Mr. 
Millspaugh? Unless both these concur, there is 
no escape. There is no evidence on either point, 
except the evidence of the prisoner, which they 
have put it. Mr. Brent says that on the night of 
the arrest, Col. Suttle asked the prisoner how he 
came here. He replied that he was at work on 
board a vessel; became tired and fell asleep, and 
was brought off in the vessel. As they have put 
in this evidence, *<hey are bound by it. This shows 
there was no escape, for it is the only evidence at 
all bearing upon the character of his act. Taking 
this to be true, as the claimants must, there is no 
escape. In Aves's case, 18 Pick., 193, and Sims's 
case, 7 Gushing* 285, it has been decided that the 
escape is the causus foederis under the Constitu- 
tion. No matter yww the slave got here, if he did 
not voluntarily escape, against his master's will, 
unless both these elements concur, he cannot be 
taken ba«k. Therefore the slave was held free, in 
a case where he and his master were both sent 
here by a superior power, in a public vessel. (Re- 
ferred to in SimVs case.) 

If there was any doubt about this matter of es- 
cape, the point should be determined against the 
claimant, because he has failed to produce proof 
within his power which would settle the matter. — 
* /" has not produced the only man beside the ftr- 
*e who knows whether he did escape or not. — 






J 



If ho could cot produce him in person; if there be 
a Judge or a Justice of the Peace in the Old Do- 
minion, he could have brought his affidavit. He 
-has had time to procure it since this trial began. 
He does not ask for a delay that he may procure it. 

The only evidence, in this conflict, which can aid 
your Honor's judgment, is the evidence of the ad- 
mission of the prisoner, made to Col. Sufctje, on the 
night of the arrest. He was arrested suddenly, on 
a faL c e pretence, coming home at night-fali from 
his day s work, and hurried into custody, among 
strange men, in a strange place, and suddenly, 
whether claimed rightfully or claimed wrongfully, 
he saw he was claimed as a slave, and his condi- 
tion burst upon him in a flood of terror. This was 
at night. You saw him, Sir, the next day, and 
you remember the state he was then in. You re- 
member his stupified and terrified condition. You 
remember his hesitation, his timid glance about 
the room, even when looking in the mild face of 
justice. How little your kind words reassured 
him. Sir, the day after the arrest you felt obliged 
to put off his trial two days, because he was not in 
a condition to know or decide what he would do. 

Now, you are called upon to decide his fate upon 
evidence of a few words, merely mumblings of as- 
sent or dissent, perhaps mere movings of the 
head, one way or the other, construed by Mr. 
Brent into assent or dissent, to questions put to 
him by Col. cuttle, put to him at the moment the 
terrors of his situation first broke upon him. That 
you have them correctly you rely on the recollec- 
tions of one man, and that man testifying under 
incalculable bias. If he has misapprehended or 
misrepresented the prisoner in one respect he may 
in another. In one respect we know he has. He 
testifies that when Col. Suttle asked him if he 
wished to go back, he understood him to say he 
did. This we know is not true. The prisoner has 
denied it in every form. If he was willing to go 
back why did they not send to Coffin Pitts' shop 
and tell the prisoner that CoL Suttle was at the 
Revere House and would give him an opportunity 
to return. No, Sir, they luiked about the thievish 
corners of the streets, and measured his height 
and his scars to see if he answered to the record, 
and seized him by fraud and violence, six men of 
them, and hurried him into Bonds and imprison- 
ment. Some one hundred hired men, armed, keep 
him in this room, where once Story sat in judg- 
ment, now a slave pen. One hundred and fifty bay- 
onets of the regulars, and fifteen hundred of the 
militia keep him without. If all that we see about 
us is necessary to keep a rdan who is willing to go 
back, pray, sir, what shall we see when they shall 
get hold of a man who is not willing to back? < 

I regret, extremely, that you did not, sir, adopt 
the rule that in the trial of an issue of freedom, 
the admissions of the alleged slave, made to the 
man who claims him, while in custody, during 
the trial, should not be received. That ruling 
wo aid have beeft sustained by reason, and human- 
ity, and precedent. Failing that, I hoped the facts 
of this case would show enough of intimidation 
to throw out the evidence. At least, they show 
enough to deprive it of all weight. I have re- 
minued you of his condition the next morning. 
What must it have been there ? One of his keepers, 
True, says he was that night a good deal intimi- 
dated. Who intimidated him? Do you recollect 
the significant words of Col Suttle, " I make no 
compromises with you ! I make you no promises 
and no threats." This means it is according to the 
course you take now that you will be treated when 
I get you back. If you put me to no trouble and 
expense, it will be few stripes or no stripes. If 
you do, it will be many stripes." Was ever man 
more distinctly told it would be better for him if 
he acquiesced in everything, yielded everything, 
assented to everything? That is what those 
words, uttered in a tone, no doubt, tha, he well 
understood, conveyed to his mind. But I am 
wasting words. I know that your honor will give 
little or no weight to testimony so liable, at all 
times, to misconception, misrecollection, perver- 
sion and in this case so cruel to use against such a 
person under such circumstances. 

We have great confidence, please your Honor, 
in our point that the record will be excluded on 
some one or more of these grounds, or that, if ad- 
mitted, it may be controlled by the, claimant's 
own testimony. In either event, we go cheerfully 
to our homes in the belief that the claimant is not 
entitled to the certificate. If the prisoner were 
the man he once owned, a mortgaged reversion, 
or a reversion unmortgaged, gives him no right to 
the certificate. 



I should be glad to know how, under the evi- 
dence in this case, your Honor could set forth in 
the certificate, as the statute requires you to do, 
"the substantial facts as to the service due from 
such fugitive to the claimant." You would be 
obliged to say that at the time being he owed no 
service or labor to the claimant, but to one Mills- 
paugh, and that you did not know when Mills- 
paugh's right ended, and that when that ended, 
from all that appeared in this case, the entire right 
to the service and labor of the fugitive, for the rest 
of his life, had been transferred to one Towlson by 
way of mortgage. It would be one of the curiosi- 
ties of this law to see Col. Suttle carrying Bums 
through this broad republic with such a certificate 
as that in bis hand, but I should hope not to see 
your Honor's name upon it. • 

I should be glad to know how your Honor 
would set forth in the certificate, as you must, 
"the substantial facts as to his escape from the 
State or Territory in which such service or labor 
was due to the State or Territory in which he was 
arrested." You must say that it did not clearly 
appear that his departure was an escape from the 
person having the sole right to control him, and 
that the evidence was that he was brought away 
by an accident. 

But if, as I have said before, you should, by any 
course of reasoning, be satisfied on all these ob- 
jections, which seem to my mind so weighty, 
there lies behind all, and below all, the great doubt 
as to the identification of the prisoner. A mistake 
here is worse than an error of judgment on our 
points of law. That would send the right man 
back in an illegal manner. This would send a 
free man into slavery. I need make no apology, 
therefore, to your Honor, for my earnestness on 
this point. 

There is an argument which perhaps may be 
made for the claimant, which it is my duty to 
forestall. It may be asked, if the prisoner is not 
Anthony Burns, of Richmond, Virginia, who is 
he? What is his past history? Where did he 
come from when Jones found him a stranger in 
the streets of Boston, on the first day of March, 
1854? 

In the first place, I might ask in reply, what is 
that to you? What is it to this Court? If he is 
not the man Mr. Bient saw in Richmond on the 
20th of March, what concern is it of ours who else 
he be? If he is not the late slave of Millspaugh 
what concern is it of ours whose slave he is or has 
been, or fears he' may be claimed to be ? Toes- 
cape this evil must he betray himself to the peril 
of perhaps a greater and more dreaded evil from 
which he may have fled for his life? Sufficient 
unto the day is the evil thereof. 

But let me tell your Honor, (or rather let me 
suggest to your Honor's good sense and knowl- 
edge of human nature, whether it must not be so,) 
that the colored people in our northern cities are 
not free even among themselves, in exposing their 
names, their stoiy, their plans for the future. A 
large portion are fugitives from slavery, or, if free 
themselves, have some wife, child or friend who 
through them, might be traced and seized. No, 
sir, the story of the colored man of this city is 
either his secret, which may be his ruin or his de- 
fence, which he does not mean to betray. Under 
this terrible law, no colored man is safe who can- 
not prove his freedom in ten minnte3. Against 
the 10th section of that law he is not safe if he 
can. 

If he is any man's slave, anywhere, if he has 
ever been any man's slave, anywhere, if he has 
lost his certificate of freedom, or has it not at a 
moment's caH, if there is any doubt or difficulty 
hanging over his proof, secrecy is his only defence. 
Therefore, please your Honor, among the colored 
people there is a kind of free-masonry, a mutual 
understanding arising out of a common interest, 
that confidence is rarely to be asked or reposed. 
*Two men may be working in one field, two women 
grinding at one mill, but neither knows or asks the 
story, the former name of the other. Confidence 
reposed or offered requires a return, and no man 
wii 1 offer his own story, at the risk of requiring 
the other to betray the fact that he has a secret to 
keep. They live under a reign of terror. I be- 
lieve the evidence of Jones to be strictly true, that 
he did not know nor ask the story nor the name of 
this man, but that he passed by the first name he 
happened to call him. 
This deftn.ee is not for each, man alone, If u@ 






las a wife, a daughtgf, a sister, who through him 
night he traced and seized, he would keep secret 
ns own story, however safe himself,— aye. Sir, if 
le had a drop of the blood of a man in his viens 
le would rather that fifty Col. Suttles should sell 
lim into fifty slaveries, than that the hand of a 
ilave-fancier should touch the hem of her gar- 
nent! 

No, sir, I implore you, draw no hard inference 
T©m the fact that a colored man, a stranger iu our 
streets, does not open to you, to the whole United 
States of America, as he would today, his story, 
[s it not enough if he defends himself against this 

claim ? Must he expose himself and all He nas 
dear to him on earth to the perils of every other? 
On the constitutional objections, I shall say 
nothing. They have been fully and ably argued 
by my associate. I simply repeat them, to give 
them the little sanction I can, and because I de- 
sire that no man shall be put to slavery under this 
statute, without their being presented to the no- 
tice of the Commissioner. I take them in the 
words in which they were cast, at the hearing of 
the case of Sims, by a distinguished son of Mas- 
sachusetts, whose early death was mourned by the 
friends of science, letters and freedom throughout 
the land, whose presence on the floor of Congress 
is needed this day— but who has been taken away 
that he mignt not see the evil to come — I read 
them from the volume of the Writings and 
Speeches of Kobert Rantoul. 

1. That the power which the commissioner is 
called upon in this procedure to exercise, is a 
judicial power, and one that, if otherwise lawful, 
can be exercised only by a judge of the United 
States court duly appointed, and that the commis- 
sioner is not such a judge. 

2. That the procedure in a suit between the 
claimant and the captive, involves an alleged 
right of property on the one hand, and the right 
of personal liberty on the other, and that either 
party, therefore, i9 entitled to a trial by jury; and 
that the law which purports to authorize the de- 
livery of the captive to the claimant, denying him 
the privilege of such trial, and which he here 
claims under judicial process, is unconstitutional 
and void. 

3. That the transcript of testimony taken before 
the magistrates of a State court in Virginia, and 
of the judgment thereupon by such magistrates, 
is incompetent evidence, Congress having no pow- 
er to confer upon State courts or magistrates judi' 
cial authority to determine conclusively, or other- 
wise, upon the effect of evidence to be used in a 
suit pending, or to be tried in another State, or 
before another tribunal. - 

4. That such evidence is also incompetent,as the 
captive was not re presented at the taking thereof, 
and had no opportunity for cross-examination. 

5. That the statute under which the process is 
instituted is unconstitutional and void, as not 
within the powers granted to Congress by the 
constitution, and because it is opposed to the ex- 
press provisions thereof. 

I do not know, sir, that I have more that, as a 
lawyer, I can say." There is enough more that 
might be said, but I do not know that I can say it. 
The most painful moments of a lawyer's course, 
are when he leaves a case of vital interest, which 
has been confided to him, or, still worse, as in this 
case, which he has assumed, with a doubt wheth- 
er he has not done something that he had better 
not have done, or left undone what he ought to 
have done. I have endeavored to take part in 
this contest, solely as a lawyer. I have intended 
to cast no reflection upon those who are here in 
discharge of official duties. Their responsibility 
is to be measured by the degree of their obliga- 
tion , and the option left to them. Those who have 
volunteered in this horrid trade, I have not intend- 
ed to spare. , „, 

I have intended to give no personal offence to 
the claimant, and to cast no reflections upon the 
State and class to which he belongs. I am told he 
is a gentleman, who has inherited his slaves from 
his parents, and born in Virginia, under the slave 
system. He may be, and I trust he is, a humane 
man. I think no one has ever heard from me, at 
the bar, or on the platform, denunciations of 
slave-holders as such. Among them, I have many 
valued friends. I cannot but think it would be 
better if some of our public speakers and writers 
would husband their stock of invectives a little, 
and instead of safely denouncing people at a dis- 
tance, who- have been bom to an inheritance 
which their fathers and mothers held before them, 



who have been born to its traditions, its preju- 
dices, its opinions, would reserve them for the 
mean, the pusillanimous, the mercenary men of 
the North, who are the greatest sinners in this re- 
spect, and among whom our mission lies. 

I have no hostility to Virginia. On the contrary, 
I have a deep feeling of interest in her past and 
future. I glory in the old blood of the Old Do- 
minion, the " men of the red earth " of the three 
last generations . I wish we had more blood like it 
m New England at this moment. I hope Virginia 
has some of it still left. I look with painful tore- 
boding at the dark future into which she is hurry- 
ing, and from which nothing but free institutions 
can save her. If you decide against the prisoner, 
the bitterness of ,bis ( ur> will net be that it is Col. 
Suttle who will become his master, it wii hot be 
that it is Virginia to which he is to go; it will be 
that you make him a slave, every man's slave who 
may buy him or hire him, in any slave State or 
countiy where he may take him, subject to all 
the contingencies of the death or insolvency of 
masters, the caprice or cruelties of overseers, and 
the dreadful possibility of all that slavery in its 
worst form may inflict. 

You recognized, Sir, in the beginning, the pre- 
sumption of freedom. Hold to it now, Sir, as to 
the sheet-anchor of your peace of mind as well as 
of his safety. If you commit a mistake in favor 
of the man, a pecuniary value, not great, is put at 
hazard. If against him, a free man is made a 
slave forever. If you have, on the evidence or on 
the law, the doubt of a reasoning and reasonable 
mind, an intelligent misgiving, then, Sir, I implore 
you, in view of the cruel character of this law, in 
view of the dreadful consequences of a mistake, 
send him not away, with that tormenting doubt on 
your mind, it may turn to a torturing certainty. 
The eyes of many millions are upon you, Sir. You 
are to do an act which will hold its place in the 
history of America, in the history of the progress 
of the human race. May your judgment be for 
liberty and not for slavery, for happiness and not 
for wretchedness,— for hope and not for despair, 
and may be the blessing of him that is ready to 
perish come upon you! 




lAlLY GLO 



PORTS MOUT ll» VIRGINIA. 

Cool Impudence- 
/ The Rev. Theodore Parker and Wendall. 
/ Fhilhps, held a meeting in Faneuil Hali^ 
and instigated by their ravings the late riot^J 
f in Boston, at which Batchelder, the Mar- J 
shal's officer, was killed. The friends of the 
murdered man became so justly indignant 
that they threatened to mob the residences 1 
of Parker and Phillips, when these two \ 
worthies applied to the authorities to protect} 
them. They had the audacity to ask protec- 
tion from the Laws which they had violated: 
as ii they had cut the sinews of Jove and 
then called on Jove for help. Such cow- 
ardice and impudence combined have been 
rarely excelled. They were very brave in 
bidding defiance to the law, and in leading 
on the van to break it and set it at naught; 
but, as soon as ever there are found honesty 
and courage enough among the citizens to 
react and turn the consequences of their 
deliberate but fiendish treason upon them- 
selves, they cry aloud for that very law they 
had dared, and ia a moment of rabid tri- 
umph, stabbed, to succor and protect them. 
The genius ot the law had lain bleeding at 
their leet; but when by those divine helps 
which Heaven sends, the liux ot blood was 
staunched and the wound dosed, and the 
iaw was ready to vindicate itself through 



the volunteers who drew up under its 
sovereignty, cowering and trembling, they 
have the cowards' impudence, the villians' 
confidence to ask for forbearance and for- 
giveness from the very throne and its pre- 
siding deity they had wished and striven to 
■destroy. It is the "coolest impudence," or 
the most abject fear from coward hearts we 
eyer heard or read of.-— s. 



The Abolition Riot in Boston. 
We had on Saturday an account of ariotj 
'in Boston, got up by a meeting oi Freesoil 
abolition factionists, which was held on 
Friday m Faneuil Hall — (what a shame to 
disgrace such a place by allowing such law- 
less factionists to meet in it! J The pre- 
tence lor the meeting and the not was the 
arrest of a fugitive slave from Alexandria, 
whose case was then being examined by 
the legal authorities. The Boston Atlas, in 
a notice of the meeting in Faneuil Hall, 
says : 

George R Russell, Esq., oi West Rox- 
bury, presided, and speeches were made by 
the Chairman, Wendall Phillips, Theodore 
Parker and John L Swift. A series of re- 
solutions was adopted, and the meeting re» 
solved that Burns should not be taken^baek 
to slavery. The meeting. was the most ex- 
citing we remember to have attended. 

Before all the ends of the meeting w T ere 



The Marshall oTfTcers did not use their 
arms, and succeeded finally in expelling the 
rioters from the doors with their clubs only. 
During this scene, the Judges of the Su- 
preme Court, toe Attorney General of the 
Commonwealth and the Sheriff of Suffolk 
were m the budding, awaiting the return of 
the jury in the Wilson case, who were to 
come in at 11 o'clock. Some members oi 
the jury, who put their heads out of the 
| window 10 see what was going on, were 
j fired at and the bads, in one or two instan- 
ces, struck quite near them! The windows 
of the Justice's court room were completely 
sicklied by* bullets discharged from wlti out- 
Marshal Freeman had -.narrow 



naving struck 
ile he was leading 



the wall quite 



ills men up 



escape, a ball 

near him, wh 

to repulse the individuals who had broken 

m. His little son, who was present, ran 

into the crowd, crying 'Father, you will be 

shot,' and the lad was quite close to Batch* 

elder when he fell. 

During these outrages upon the Court 
House, the Chief of Police summoned his 
men to protect the peace in the square. — 
Nice persons were arrested. Their names 
are John "J" Roberts (probably John G 
Roberts)'. Albert G Brown, W Finney, J 
YVeslley, W Bishop, Thomas Jackson, H 
Howe, Martin Stowed, and J Thompsohn. 
Roberts is charged with breaking the lamp 
in front of the door. The other individuals 
were arrested on a general charge of distur- 
bing the peace. Brown is a young man 
about 22 years old, and his friends offered 
bail tor his appearance in the morning, but 
the Chief of Police commuted him with the 




present we left for the scene of the antici- I Boston Artillery, Captain Evans, and the 



pated disturbance. On our arrival at the 
Square, we found no mob there, but one 
was soon created by those who left the meet- 



ing. 



The Boston Courier gives the following 

particulars of the not : 

There was a genera! rush in the direction 
ot Court square, and upon our arrival there, 
the mob had began to storm the doors of the 
Court House. Those on the east side were 
first attacked, but without-ovail. The riot- 
ers then went to the west side, threw stones 
through windows, and attempted to batter 
down one of the doors with a heavy beam. 
Failing in this, two men came forward with 



Columbian Artillery, Captain Cass, came 
to the aid of the civil authorities. Their 
presence seemed to restore quiet, and Court 
Square was soon deserted by the rioters. — 
Captain Evans' command was stationed in 
the City Hall for the night, and Captain 
Cass's company took quarters in the Court 
House. At 12| o'clock the square was de- 
eerted . 

it is quite likely that the mob will re- 
assemble this morning. It they do, and 
attempt to rescue Burns, the attempt will 
be awful. The Marsha! is determined to 
execute the law, cost what it may. We 
give this information lest certain persons 
should be deceived by the lying statements 



axes and deliberately cut a hole through the r f those Abolitionists who last night, in 
lower part of the door, and subsequently J Faneuil Aall, counselled violence, and stat 



forced it open. A number of persons rushed 
in, but they were repulsed by the Marshal 
and his aids. 

During this struggle some thirty shots 
were fired by the rioters, and Mr James 
Batchelder, a special officer, who was resist- 
ing the entrance of assailants, at the shatter- 
ed door, was shot dead. The weapon dis- 
charged at him must have brer, a blunder- 
buss, as its contents embraced many bullets, 
some of them of a very large size. His 
bowels were literally town out, and he died 
almost instantly. He was a truckman in 
the employ of Mr Peter Dunbar, and leaves 
a wife and one child. 



/. 



ed that the Mayor and Police would not 
protect the public peace. 

At 2 o'clock this morning, a detachment 
of marines arrived from the Navy Yard. 
They will be stationed in the Court House 
this morning to preserve order during the 
examination of Burns, and should he be 
remanded- back to slavery, the Marines will 
see to it that if a rescue is attempted there 

as well as blows to 

Let the noisy praters of Faneuil 

Hall, the Rev. Theodore Parker and his 

pious followers, 'govern themselves accor^. 

•ihngly. 



will be blows to give 



THE SUNDAY NEWS. J 



C/V 



fcmttr ftte. 



SUNDAY MORNING, MAY 28. 



A Historic Week. 

The Fugitive Slave Case Commis j 

siomer boring's Decision. 

The events of the week which has just 
passed away, will take a prominent place in 
the history of New England-but whether 
for our fame as a Christian people, or our 
shame as a community, ready to lend all our 
moral and physical force to do the dirtiest 
work a civilized man ever engaged in, time 
and the results upon the mind of New Eng- 
land will show. 

One thing cannot be denied,— Boston, en- 
lightened. Christian, patriotic Boston, as we 
have loved to be called, has bowed the knee 
and bit the dust of humiliation at the bidding 
of a man from Virginia whom nobody knows, 
but who may be, and probably is, judging 
from his acts, one of the worst of men. A 
elave catcher is held accursed at the South, as 
a leper is in Oriental countries. Yet, because 
one of this accursed race has chosen to make 
Boston his hunting ground, U. S. slave Com- 
missioners, subservient District Attornies, 
and convenient tools have united with him to 
outrage every feeling of liberty in the com- 
munity, to insult our citizens, trample upon 
ur principles, garrison our Court House 
and keep the community in a state of agita- 
tion and alarm for more than a week. 

Say hot that this has been done for the 
supremacy of law and the preservance of 
order. It has been a lie and an outrage from 
the beginning. Col. Suttle, if he be a colonel, 
and if Suttle be his name, which have not 
been proved, began with a fraud, and fraudu- 
lently has he continued through the whole 
transaction. Aided by a man, who, judged 
by his looks alone, woufd be condemned as a 
miscreant, he caused the man Burns to be 
arrested on a false charge of robbing a 'Jew- 
eller's shop ; caused him to be kept in solita- 
ry confinement, to be visited only by himself 
or scoundrels who would use what was ex- 
torted from him by threats and terror, as 
weapons against him. He brought the U. 
S. officers into complete subserviency to him ; 
took control of the Court House ; cheated the 
friends of law and order by false statements, 
who, to preserve both intact, were willing to 
pay the mercenary hound #1,200 for his 
claim, and finally triumphed at the expense 
of New England honor, the blood of a man 
and the destruction of the first principles of! 
the Declaration of American Independence,! 
carrying off his human property with much 
the same feeling and appearance as a sheep-, 
stealer would carry off his booty amid the 
restrained indignation of an outraged people 
The law has not been vindicated. Every 
principle of law has been set aside. The fun- 
damental principle of the Constitution has 
been violated and justice and humanity have 
been trampled under foot. Brent, who, as 



has been said, "for I M we know has hardly 
aired himself from the lexer of a Virginia 
penitentiary, "has tc*'*ified under the strongest 
bias, and in the most reckless and offensive 
manner, that Anthony Burns was a slave of 
Col. Suttle ; that he ran away on the 20th of 
March, and that i urns confessed these facts 
to him after his arrest. Against this we have., 
the evidence of several citizens of Boston, 
who are well known, whose characters are 
beyond reproach, whose evidence was unim- 
peached %nd unimpeachable, that the man 
Bums was in South Boston the first part 
of March, and could not, therefore, have been 
in Richmond as pretended by Suttle and his 
tool. 

Now as to the law in the case. We have 
always been taught that a person charged 
with crime is presumed to be innocent until 
he is proved guilty ; the Commissioner said 
he held Burns to be a free man until he should 
be proved to be a slave. We have always been 
taught that in case of doubt all presumptions 
of law are to be construed in favor of a pris- 
oner ; and that evidence extoited from a 
prisonor by terror or threats was not to be 
used against him ; that in case of conflict 
ef testimony, it is always safe to rely upon 
that which is most reasonable if it prepon- 
derates in favor of the accused. When evi- 
dence vacillates, the vacillation is to be in fa- 
vor of the prisoner. This is in accordance 
with the instincts of justice and right, which 
every man feels in his own bosom, with the 
plainest principles of reason and with the well 
established, long regarded and venerated 
principles of the common law, which, in all 
our courts rises above statute law to give a 
man who is placed in peril an additional door 
of escape. The Fugitive Slave Law sets at 
defiance every principle of 'ruth and justice; 
it overrides declarations, Constitutions, State 
laws,— trial by jury — every thing which good 
men hold most dear. 

Commissioner Loring has, it seems to us, 
committed the greatest treason ever perpe 
trated against the liberties of the citizen. He 
his not decided according to evidence. The 
evidence i» against his decision. He has 
used what a man, whom nobody knows, says 
that Bums said. He has taken this, the 
most doubtful of all doubtful evidence, as the 
basis of his decision. All his presumptions are 
in favor of slavery; all his doubts, are against 
liberty. His judicial mind receives as gospel 
all that the man Brent testified as to his con- 
versations with Burns, and rejects as apocry 
phal all that the most credible, respectable 
and unimpeachable of his own fellow citizens 
testify to. If the Commissioner can bear his 
conscience easy after this, he must have a 
marble heart. 

We beg to remind him that in two other 
great epochs of the human race, when a bet- 
ter manifestation of the spirit of liberty was 
struggling for utterance, there have been 
found men, who were willing to crucify that 
liberty and consign themselves to eternal in- 
famy for gain. Judas Iscariot betrayed Je- 
sus for thirty pieces of silver and went out 
and hanged himself. Benedict Arnold would 
have betrayed the liberties and destiny of 






this country, and died abroad in infamy, an 
object of unutterable loathing, the scorn and 
Contempt of the world. Edward G. Loring 
might have taken warning by their example. 
Let him contemplate their fate. 

But amid so much for depression and 
shame-facedness, there is one bright spot to 
which we can turn in this sad history, and 
that is the certain reliance we can place in 
Volunteer Militia. Whenever c lied upon by 
the regularly constitutsd authorties, to dis- 
charge a duty, they are always to be found, 
ready at their post. We owe it to the presence 
of the Boston Brigade, that Ihe peace hab 
been so well preserved and that our streetb 
haye not flowffl with blood. 

The Slave Extradition.— -We learn that 
John H. Pearson, Esq., the lessee of Lonj> 
Wharf, refused to allow that wharf to be used 
for the removal of the slave. The wharfingei 
of T wharf, who let those premises for tru 
business without consulting the proprietors 
>vas promptly discharged last evening, bu. 
vvas this morning "provided with a place h. 
the Custom House." 

A great change has come over the whole 
community, Whigs and Democrats now say 
that Garrison is not now far in advance of 
public sentiment. 



ning. Public opinion has changed wonder- 
full}- since the arrest of Burns, and the 
transformation of the Court House into a 
Slave catcher's den. It is now said every- 
where, that Burns is the last of his race 
that can be arrested and held in Boston, 
while fleeing from Slavery, and no more 
United States troops will be quartered in a 
time of peace to overawe our judges in a 
Suffolk County Court House. 

THURSDAY. 

The Court House and the slave were 
securely guarded, and the assemblage of 
people in the vicinity much less than on 
previous days. 

FRIDAY. 

This morning all the avenues leading to 
the cqnrt room were guarded, seemingly, 
with redoubled vigilance, and every person 
who offered himself to enter was scrutinized 
very closely. None but those belonging 
to the Marshal's guard, reporters, a few 
members of the bar, friends of Col. Sut- 
tle, and a few other privileged characters, 
were permitted. to enter. 

The outward appearance of the prisoner 
has undergone a marked change. The of- 
ficers in charge have, since the adjourn- 
ment of the Court on Wednesday, contrib- 
uted among themselves an entire new suit 
from top to toe for him. 

The Commissioner came in at 9 o'clock 
precisely, looking haggard and care-worn, 
and evidently pressed down by a deep sense 
of the heavy responsibility weighing upon 



Collector Pea slee Crushed Out !— An ex- 
ceedingly entertaining anecdote is bruited about 
town just now, in which Collector Peaslee, of this 
port, is one of the principal figures. It is well 
known that the above named gentleman resides at 
Woburn. A short time since the Rev. Mr. Bennett 
was expected to preach a sermon in that place 
against the last scarlet sin of the government— the 
passage, of the Nebraska bill. Mr. Bennett entered 
the pulpit on the Sabbath morning, prepared to 
deliver a sermon on another topic. Before com- 
mencing, his attention was attracted by the singu- 
lar p osture of a person who sat directly in front of 
him, with an extremely surly, sulky, contemptu- 
ous, turn-up-nose sort of a face nearly out of pro- 
file — the back of the head, and the hunch of an 
averted shoulder which supported it, being turned 
to the pulpit. This was collector Peaslee carefully 
arranged into an attitude meant to be symbolical 
of the moral ■* crushing out " any minister might 
expect from him who had the temerity to trample 
upon the black flower which the Administration 
has succeeded in transplanting to the soil of Ne- 
braska! 

Mr. Bennett's sermon, however, soon acted like 
magic on the Collector. The rebellious attitude 
gradually melted into decency and decorum. But 
he still remembered that the anti-Nebraska ser- 
mon was only dormant on the lips of the minis- 
ter, and on the conclusion of the service, chose to 
show his patriotic indignation by declaring among 
the parishioners, that he would thenceforth attend 
the Baptist church in that place, whereof the Rev. 
Mr. Edwards is pastor. It happened that Mr. Ed- 
wards had made an arrangement to exchange pul- 
pits with Mr. Bennett that Sunday afternoon, so 
that the very-much-to-be-regretted Peaslee, on ta- 
king his seat in the former gentleman's church, 
was petrified by the re-appearance of the obnox- 
ious Mr. Bennett, and in a state of mental turbu- 
lence more easy to be imagined than described, 
listened to a sermon, it is said, from the text — 
" The wicked flee when no man pursueth." 



— At a meeting of th* Methodist clergymen of 
Boston and vicinity, on Monday, resolutioas were 
adopted thanking R. H. Dana, Jr., Esq., and C. 
M Ellis, Esq., forftheir defence of Anthony Burns; 
xlso thanking the Hon. Charles Sumner for his 
protest against the Nebraska bill, and his able and 
eloquent defence of the clergy of New England. 
A. committee of five was also appointed to co-ope- 
rate with the committee of ministers appointed at 
the conference of clergymen, held at the Tremont 
Temple last Thursday, to consider the encroach- 
ments of the slave power. 



' The FeeXiag EiMewhere. 
Pawtgcke'j:, Juiifc 2. The ssews of the surrender < 
E-uriiP has just reached here, creating a profound sen- 
sation. The bells are tolling here and in the adjacent 
towrs. 



sane* mnuftiaaaas 



Mr* Atl^rsiey Hal left 'a laiierfererace wia.Sa 
the Parchaae of the FsagSrive* 
We pubiisiied on Saturday Mr. HaLlett's contra- 
diction of the report that he interfered to prevent 
the purchase of the fugitive Burns. To-day we 
have Mr. Willis's statement of the whole affair, 
so far as he was concerned in negotiations for the 
purchase. The statement is sufficiently plain and 
explicit to enable every man to judge of the 
facts. 

Boston, Saturday, June 3, 1854. 

To the Editors of the Atlas : — You have called my at- 
tention to an article in your paper of this morning, 
signed L., and to a contradiction of its statement in 
the Journal of this evening, by authority of the United 
States District Attorney. I know nothing of the ori- 
gin of either of these articles, but will, at your request, 
give you a narrative of my own connection wn;h the 
recent negotiation for the freedom of "Byrnes," be- 
lieving that such a narrative will be altogether perti- 
nent to the fact which you seek to establish, namely, 
the interference of the United States District Attorney 
in the negotiation above referred to. 

On Saturday afternoon last, the Key. Mr. Grimes 
called upon me and said that the owner of Byrnes had 
offered to sell him for $1200, and that he ( iilr. Grimes) 
was anxious to raise the money at once. He desired 
my advice and assistance in the matter, and requested 
me to draw up a suitable subscription paper for that 
purpose, which I did in these words : 

" Boston, May 27, 1354. 

"We, the undersigned, agree to pay to Anthony 
Byrnes, or order, the sum set against our respective 
names, for the purpose of enabling him to obtain his 
freedom from the United States Government, in the 
bands of whose officers he is now held as a slave. 

This paper will be presented by the Rev. L. A. 
Grimes, pastor of the 12th Baptist Church." 

Upon this paper Mr. Grimes ebtaineu signatures for 
$665, and with the aid of Col. Suttle's counsel, Messrs., 
Parker and Thomas, who interested themselves in this 
matter, $400 more was got in a check, conditionally, 
and held by Mr. Parker. It was agreed by me that I 
should be near at hand on Saturday night, to assist 
and advance the money, which was accordingly done, 
and my check for $800, early in the night was placed 
in the hands of the United States Marshal for this pur- 
pose. About eleven o'clock, all parties being repre- 
sented, we met at Mr. Commissioner Boring's office. 
This gentleman, with commendable alacrity, prepared 
necessary papers. 

At this juncture the actual money was insisted on, 
which threatened for a time the completion of the ne- 
gotiation; but anticipating this contingency, which, 
under all circumstances, was not an unreasonable de- - 
mand, we adjourned to the Marshal's office, and I pre- 
pared myself with the needful tender. The United 
States Attorney, Mr. Hallet, was in attendance, and 
the i espective parties immediately discussed the mode 
of precedure. The hour of 12 was rapidly approaching, 
after which no action could be taken. Mr. Grimes 
was prepared to receive Byrnes, and anxious to take 
him as he might peacefully. The matter lingered, and 
official action ceased. 

1 am not disposed to charge any one with designedly 
defeating the desired end on that occasion. The busi- 
ness was new, the questions raised novel. But when 
we had proceeded thus far, and were ready, in good 
faith to make good the sum requisite on Monday, in 
view also of the friendly understanding had after mid- 
night «vith all parties in interest, we had a right to ex- 
pect Byrnes' liberation on Monday. When that day 
came, the owner refused to treat. Learning from ru- 
mor only, that $4000 had been named as the sum then 
asked for, I on Monday addressed Col. Suttle, then in 
Court, a respectful note, reminding him of the position 
of things on Saturday night, and urging that Mr. 
Grimes had the right to expect the original agreement 
to be carried out, but further asking him, if any addi- 
tional sum was required, to which he replied, that the 
" case is before the court, and must await its decision." 



Tuesday morning i naa an interview with JJoi. Sutue 
in the US. Marshal's office. He seemed disposed to 
listen to me. and met the subject in a manly way. He 
said he wished to take the boy back, after which he 
would sell him. He wanted to see the result of the 
trial, at any rate. I stated to him that we considered 
his claim to Byrnes clear enough, and that he would be 
delivered over to him, urging particularly upon him 
that the boy's liberation was not sought for except with 
his free consent, and his claim being fully satisfied. I 
urged upon him no consideration of the fear of a res- 
cue, or possible unfavorable result of the trial to him. 
but offered distinctly, if he chose, to have the trial pro- 
ceed, and whatever might be the result, still to satisfy 
his claim. 

I stated to him that the negotiation was not sus- 
tained by any society or association whatsoever, but 
that it was done by some of our most respectable citi- 
zens, who were desirous, not to obstruct the operation 
of the law, but in a peaceable and honorable manner 
sought an adjustment of this unpleasant case ; assuring 
him that this feeling was general among the people. 1 
read to him a letter, addressed to me by a highly es- 
teemed citizen, urging me to renew my efforts to ac- 
complish this, and placing at my disposal any amount 
of money that I might think proper for the purpose. 

Col. Suttle replied that he appreciated our motives, 
and that he felt disposed to meet us. He then stated 
what he would do. I accepted his proposal at once; 
it was not entirely satisfactory to me, but yet. in view 
of his position, as he declared to me, I was content. — 
At my request he was about to commit our agreement 
to writing, when Mr. B. F. Hallett entered the office, 
and they two engaged in conversation apart from me. 
Presently Col. Suttle returned to me and said— "I 
must withdraw what I have done with you." We both 
immediately approached Mr. Hallett, who said, point- 
ing to the spot where Mr. Batchelder fell, in sight of 
which we stood — "That blood must be avenged." I 
made some pertinent reply, rebuking so extraordinary 
a speech, and left the room. 

On Friday, soon after the decision had been render- 
ed, finding Col. Suttle had gone on board the Cuttsrat 
an early hour, I waited upon his counsel, Messrs. Thom- 
as and Parker, at the Court House, and there renewed 
my proposition. Both these gentlemen promptly in- 
terested themselves in my purpose, which was to tender 
the claimant full satisfaction, and recef ve the surrender 
of Byrnes from him, either there, in State street, or on 
board the Cutter, at his own option. It was arranged 
between us that Mr. Parker should go at once on board 
the Cutter, and make an arrangement if possible with 
the Col. 

I provided ample funds and returned immediately to 
the Court Housi, when I found that there would be 
difficulty in getting on board the Cutter. Application 
was made by me to the Marshal, he interposed no ob- 
jection, and I offered to place Mr. Parker alongside 
the vessel. Presently Mr. Parker took me aside and 
said these words : l( Coi. Suttle has pledged himself to 
Mr, Hallett that he will not sell his boy until he gets 
him home" Thus the matter ended. 

In considering, Mr. Editor, whose interference waa 
potent in thus defeating the courteous endeavors of 
citizens of Boston, peacefully and with due respect to 
the laws of the land, to put to rest the painful scenes 
of the past week, it must be borne in mind that the 
United States Marshal, who. throughout this unfortu- 
nate negotiation, has conducted himself towards us 
with great consideration, consented, individually, to 
hold the funds, as a party not in interest, thus early ac- 
quiescing in the success of our plan; the owner himself 
was willing to release his claim; his counsel, Messrs. 
Thomas and Parker, volunteered their aid in raising 
the money, urged it, and interested themselves 
in its speedy accomplishment— even in the latest 
moment when it could be effected, with com- 
mendable alacrity, they offered their assistance ; the 
United States Commissioner himself consented to be at 
his post until midnight of Saturday, to give his official 
service for the object— I repeat, in view of all these con- 
siderations, the conclusion must come home irresistibly 
to every candid mind, that there was one personage, 
who, officially or individually, in this connection, 
either did do, or left undone, something whereby his 
interference became essential to a less painful termi- 
nation of this case. Respectfully, 

HAMILTON WILLIS. 



JOatlg '(fuming 3Frat>dkr* 

* ■ i' i' 1 "" .. — -..- _ ■ -,-. , , . ^_ — — ... _ i 

BOST ON: 
MONDAY, JUHfiE S, 185*. 



Petitions for the Repeal of the Fugi- 
tive Slave Law.— It has been suggested to us 
by more than one of oar substantial and conser- 
vative citizens, that all the surrounding cities and 
towns of our Commonwealth, be requested to get 
up petitions for the repeal of the Fugitive Slave 
Law of 1850. 

This suggestion, w» have no doubt, will meet 
with a ready response from every section of the 
State; and we would suggest that the example be 
followed by all the cities and towns of New Eng- 
land, and of the non-slave holding States. Let 
the floors of Congress be covered with the peti- 
tions of the friends of human liberty, for the re- 
peal of a law which does violence to the be3t 
feelings of cur nature, which is at variance 
wilh the moral and religious convictions of 
the entire population of the free states; and 
which has been heretofore endured only from, 
the mistaken idea that by means of it peace might 
be purchased between the North and South. 



— **.*-- 



On the same day, the President ordered Colonel 
Cooper, Adjutant General of the Army, to repair to [). 
Boston, empowered to order to the assistance of the U. ' 
S. Marshal, as part of the posse comitatus, in case the 
Marshal dtemed jt necessary, the two companies of the 
US. troops stationed at New York, and which had 
been under arms for the forty-eight preceding hours, 
ready to proceed at any moment. 

Boston, May 31, 1854. 
To Sidney Webster. 

Despatch received. The Mayor will preserve the 
peace with all the military and police of the city. The 
force will be sufficient. Decision will be made day af- 
ter to-morrow of the case. Court adjourned. 

B. F. HA.LLETT. 

Yesterday morning the following despatch was re- 
ceived : * 

Boston, June 2, 1854. 
To Sidney Webster. 

The commissioner has granted the certificate. Fugi- 
tive will be removed to day. Ample military and po- 
lice force to effect it peacefully. All quiet. Law 
reigns. Col. Cooper's arrived opportune. 

. _.^ B. F. Hallett. 
- "' 'T ;: Tl 

&. -a, & 



Official Correspondence.— The Washing- 
ton Union of Saturday publishes the correspon- 
dence between the President and Mr. Hallett, the 
U. S. Attorney in this city, in reference to the 
slave case. The Union tabes occasion, in intro- 
ducing this correspondence, to give President 
Pierce a first rate notice, as follows : " In the per. 
son of Franklin Pierce, the country has an Exec- 
utive who will not shrink in fulfilling all his ob- 
ligations to the constitution, no matter where th e 
emergency exists, whether on the northern shores 
of the Atlantic or on the borders of the Mississip- 
pi in the far Southwest." The Union, indeed, never 
loses an opportunity, not to commend, but to puff 
the President — forgetting that "good wine needs 
no bush." The Union says further: "We cannot 
permit the occasion to pass without thanking the 
United States officers at Boston for their firm, 
moderate, and intrepid conduct. We expected as 
much from a democrat so well tried in contests for 
State-rights as that eloquent and profound jurist 
Benjamin F. Hallet; and we only re-echo a gene 
ral public sentiment when we repeat, that we have 
already endorsed, our high admiration of the fidel 
ity and courage of Marshall Freeman, who, like 
Mr. Haliet, was appointed to office by President 
Pierce," 

The following is the correspondence : 

On Tuesday last the following despatch was seat to 
Boston by direction of the President : - 

Washington, May 30, 1854. 
To Hon. B. F. Hallett, Boston, Mass. 

What is the state of the case of Burns? 

tir>NEY Webster. 

Boston, May 30, 1854. 
To Sidney Webster. 

The case is progressing, and not likely to close till 
Thursday. Then armed resistance is indicated. But 
two city cr mpanies ou duty. The Marshal has all the 
armed posfe he can muster. More will be needed to ex- 
ecute the extradiiion if ordered. Can the necessary ex- 
penses of the city military be paid, if called out by the 
Mayor at the Marshal's request? This alone will pre- 
vent a case arising under second section of act of 1795, 
when it will be too late to act. 

B. F. Hallett. 

Washington, May 31, 1854. 
To B. F. Hallett, U. S. Attorney, Boston, Mass. 

Incur any expense deemed necessary by the Marshal 
and yourself for city military, or otherwise, to insure 
the execution of the law. 

Franklin Pierce. 





l. '■--■ 



«J13 



MOND AY, JV$E 5, 1851. : 






Fiilibiisters in the Pulpit. 

. The Sabbath 'is of moral and physical neces- 
sity to man. Without the institution of tins; 
day, life would bo a monotonous, miserable 
sort of existence. The Sabbath was made for 
man. 11 is very nature and constitution require 
it. It contributes to his comfort, happiness, 
longevity, physical and moral preservaiion , 
support and development. It is a periouical 
bar in the labor of life, which strengthens and 
lengthens the web of existence. Perpetual 
labor would enervate and exhaust the 'Vitality 
and power of die nervous and muscular sys" 
iein." The bodily organs, fatigued and over- 
exercised, the mind becomes weak and inert, 
the spirit depressed .and melancholy. The rest 
mid cessation from the ordinary pursuits of life, 
promoted bv this day, was doubtless design- 
ed, especially tha't the mind might be released 
from one pursuit, one idea, or a single train of 
thought. Did we not require physical respite, 
the avaricious mighi toil on in sacrifice of men- 
tal culture and social pleasure, aud in defiance 
oi. moral and intellectual happiness, to the hn- 
povishment and dwarfage of the soul. True, 
there is no behest, divine or human, against 
the labor of the mind, or the 1 working of the 
the spirit. Many minds are calied dreamy, 
but, accordingto the best advised human phi 
losophy, ,they never sleep— not even wilh the 
senses. Thought is ever active. The sleep 
of the soul would be its annihilation or' death. 
Like the element* of nature and the move- 
ments of the universe, the mind knows no re- 
pose. As well might the wind and waves be 
stayed, or the storm and the revolution of the 
Stats chained, as thought fettered or subdued. 
Sv as this theory- is conclusive, wc should re- 
gard the institution of the Sabbath as an occa- 
sion to guide aud direct us on a day's journey 
MrnoBal improvement. Those who preside 
oyte our churches, instead of stooping to ban- 
dy imcknied political topics, and stirring up 
the burning embers of fanaticism, intolerant, 
prescriptive and reckless, should direct their 
eric-rgies to soothing animosities, and to coun- 
sel Christian virtue and forbearance. Through 
the gentle influence of an amiable eloquence, 
they should endeavor to instruct and elevate? 
rather than denounce their neighbors, debase 
the understanding and poison the passions. 






i 



-f- 



Yesterday, -in most, of the pulpits of this! 
. the late riotous proceedings, in reference 
to t!'e arrest of a fugitive from labor, belong! 
ingj U? a sister State, and which carried' 
murder and debauchery and rank crimi- 
nation in their tram, was the principal subject 
'-'■nurse. We have little doubt that the 
i\e^ro, Burns, was unceremoniously dragged 
. mro about every Christian sanctuary in New 
EngUi n<i The law of the band was denounced 
atid ridiculed. The authorities who subserved 
* iSreler and sustained that law, were impeached 
.'and vilified. The military who saved the city 
from anarchy and bloodshed were rebuked 



were certainly less prepared. jais similes 
appeared even more odious than his puns 
--one of which;- was "lit np -by suttlety, 
the iniquity of the kidnappers?' Relating 
the history of the arrest, trial, conviction and 
execution of the Savior, he compared the case 
to that of Burns. If a compliment was in- 
tended, the negro certainly had the best of it 
Among the thinking portion of his auditory a 
shudder pervaded, at such a stretch of the im- 
agination, but it served to. tickle fanaticism 
because it was all on one side. The simile 
seemed humiliating to every white man who 
was not a negro— for they felt there was more 
vital magnetism in the body of Jesus than 
•would serve to propel the whole African race on 
both continents. He deplored not the resist- 
ance to the law— the murder by the mob and 



fed libelled^ for the performance of a simple the perjury of his friends'. These were 



duy to a governmant of the people's choice. 
Whatever the opinion of others may be, we 
think suchinfl^mEiidx^'liHF^ng^es in exceeding 
bad taste. True religion is not vindictive 
inits character; and when the priesthood so 
lac transcend propriety as to doff their saeerdo- 



cnmes 



5°$J5*S^ whjle hls sympathies overruled his 



When will the clergy return to their legitimate 
calling, and leave secular affairs in the hands 
oi the people and their representatives? When 
wilt they confine themselves to teaching- men 
' how to die, instead of how to live? Such de- 
Jioeraie aggressions on the part of the: cubit 
tt i ropes and plunge unwittingly, mto the arena, are fraught with consequences to our lnstitu- 
oi' political turmoil, it is time for the people to jj ous requiring the most deep and earnest re- 
think where the frenzy of a false philanthropy : „S'r it £* K^ e ^ €nt is t0 be P er Pet- Sv 

, lt i w rv i ■* ,i , ' ! ! umst be h y the exercise of forbear- 

rrw-.y lead them. We say fatse-because that ande; and reciprocity; and to the same God who 

nhilanthropy which would peril the peace, of -inspired the spirit that dictated the Constitu- 
aniCW sacrifice the lives of brothers, tlol b ^;e U-ust to defend that glorious instru- 

merit train desecration, and spare u* the bor- 
ers ot an inquisition. - 



the 

i.h 



nation, 



"3 

to 



-,] community, 

• outrage a statute law of 

invest one inferior man with mere nom 

tual liberty — is false, ? Risked and coward- 



. iv\ We thank God that the laws are not yet' 
' enacted or dispensed through priestcraft, and 
as' thai profession would regard its'own rights 
n'iid immunities, let it learn to respect the 
enactments of the whole people's sanction. 
'There is a deep and -abiding religion of the 
heart, imbued with justice as well as mercy, 
.and which, while tolerating all', sects, revolts^ 
:it tins ever-sought-for alliance between church 
and State. . 

We abhor the institution of slavery— we have 
witnessed its withering, and _ blighting effects 
v.-^ou the energies of the very Eden of our land, fered 
-We look uponj it as a relic of barbarism — a 
barrier to progress — and a dark blot upon the 
t'air.fame of our country. Massachusetts has 
just cause of pride, and should have ease o* 
conscience, that she is clear of the incumbus. 
By her example let her win her sisters to 
the same policy — not by fraud, force or fa&Sfl 
Hcism. And of all things, let respect for her- 
self, if not for the rights of others, preseive the 

gloM'qtxs heritage of the Union — even ii the 
fair fabric have a flaw in it. We should be ex- 
travagant to expect pefection in human goveiv. 
merit. 

We know that men who confine themselves to 
gospel pursuits are apt to be too etherial for 
mere practical realities. They expect too much 
oi' heaven here, not to be disappointed. Accor- 
ding to the best authenticated bi'ue history, the 
oldest inhabitants failed to set up a paradise in 
the east,andso it has been ev*u ; since among their 



Theodore Parker's Discourse on the 
Fugitive Slave Affair. Music Had -was 
filled yesterday morning to its utmost capacity. 
More than a thousand people went away, una- 
ble to obtain admission. The discourse was a 
very able one but somewhat rabid. 

Attempt 'to Purchase Burns. Several 
negociations to purchase Burns were preferred 
on Friday, after the decision of the Commis- 
sioner, but they were not listened to. It is 
said that Col. Suttle, on leaving the city in the 
morning, left the most peremptory orders " to 
trade " at no price — even if $100,000 were of- 



Defakture of Fugitives'. Previous to the 
arrest of Burns, there was a large number ot 
fugitives in this city. Many of them have sine© 
left for places of more safety than Boston has 
proved to have been. Among those who left 
left thus suddenly, were two who had pur- 
chased furniture, and were about to be mar- 
ried. 



successors, and ever will be. . Therefore, while 
we enjoy the best system of government known 
among men, to 'inspire respect for it and hope 
for the future, is the true policy ©f republican 
religion. It should be remembered that the 
minister who Would descend to- pat one politi- 
cal measure encouragingly on 'the shoulder, 
would hardly hesitate io take another by the 
throat. 

The sermons of Theodore Parker and Thos. 
Starr King were painfully fanatical and su- 
premely absurd'. Parker, we look upon as an 
intellectual assassin. He would stab anybody 
in the dark — with his tongue— but would fly 
like a Jleet race horse, if threatened with 
danger to his person. He once said that the 
whole Yankee race was a race of cowards — 
judging no doubt by his own cowardly instincts. 
Bat for Thomas Starr King's effort, we 



Instability of Man's Sympathy. — During 
the past two days, the Circuit Court of the United 
States has been occupied with the trial of Joseph 
Mingo— a St. Domingo negro — on a charge of 
murdering William Johnson on board the ship 
John Dunlap. The Court is held in the room 
which was last week occupied by Judge Loring, 
in the hearing of the Bums case; and although the 
present issue involves life or death, the fate of the 
unfortunate prisoner has awakened little or no at- 
tention. The court with that humanity which is 
the characteristic of the law, assigned able coun- 
sel to defend the prisoner; but there has been no 
visit of "friends" — no profers to minister to his 
spiritual condition. Of all the robbed interpreters 
of divine law, who last week cried aloud and still 
sigh for Burns, not one has volunteered to illu- 
mine this poor black mind -not one to urge upon 
the prisoner the reality of his position. There he 
sits — none to befriend or advise him but the offi- 
cers of justice — and there he will continue to sit 
neglected and alone. The colored parson, Grimes, 
was in the Court room for a moment yesterday; but 
his business did not relate to Mingo, and he 
scarcely turned fiis eyes in the direction of the 
I culprit. Such is the transitory character of pro- 
fessional philanthrophy, and such it has ever been. 
' It is well for Mingo and the afflicted and oppress- 
ed of his race, that he and they have a friend 
whose sympathy is neither emmotional, transito- 
ry nor counterfeit, but, though invisible, is real, 
comforting and sanctifying. [Boston Courier. 



From the Evening Edition of Saturday. 



The Boston Press To-Day.— The Atlas 
has an excellent editorial on the late out- 
rage. It speaks of the military parade in these 
terms : — 

"That our citizen soldiery should hare been re- 
quired, by the command of the Mayor of this city, 
to act as body guard to the officers of the Mar- 
shal's cortege — that through all the business hours 



ic ladies and geatlemen wno actually subscribed 
and were anxious to purchase the freedom of An' 
thony Burns, I am authorized to say, that after 
his return to Virginia they can fulfil their benevo- 
lent wishes. To the gentlemen of the Bo^on 
press who have sustained the law, the wnole 
country is indebted. 

Yours, very respectfully, 

x> tt H.W. ALLEN, of Louisiana. 

JRevere House, Boston, June 2, 1854. 

The Chronicle has the following remark con- 
cerning the conduct of a portion of the mili- 



of the day they should have been requ ired to take J tery. The censure is deserved, no doubt. It i 
forcible possession of business streets, excluding 
our citizens from their rights and privileges, calls 
for the deepest indignation. It was as gratuitous 
and unnecessary as it was unjust to the military, 
to place them, needlessly, upon a duty so repug- 
nant to the best feelings of manhood, and insult- 
ing and tyrannous to our fellow citizens.*" 

In regard to Loring's decision, it is equally 

decided in its disapprobation, saying that if 

Burns had been on trial for an offence against 



is 
not designed, and should not be, indiscriminate 
Many of the troops behaved as well as they 
could, considering the hateful service they were 
performing : — 

"The conduct of a portion of the military is open 
to severe censure; it was indecorous, unsoldier- 
like, unmanly, and in some cases even brutal. 
Some of the companies, we are happy to state,' 
conducted in the most praiseworthy manner, but I 
he conduct of others will tend, and in no small 
degree, to bring odium on the volunteer militia 
and unless they look well to their acts hereafter' 



law, the jury would not have left their seats be 
fore they pronounced a verdict of not proven 

The Atlas, ia coootarion, speaks of the entire/^ S^tttC^t^l'tZi 
revulsion of feeling in the community, against/ 
the Fugitive Slave Bill. - j 

We quote the following advertisement, from 
which it appears that Mr. Ketch is emulous of 
the fame acquired by the Sims Commissioner 

"We are requested to state that the report (that 
nobody ever heard) that Jack Ketch, Esq , has de- 
clined to act in cases arising under the law for th€ 
hanging of murderers, &c. is without foundation. 

He has not resigned his office of hangman, and 
will shrink from the performance of no duty 4 
which is required of him by the laws of the land, 
which he has sworn to support. 

Mr. Ketch may be found at his old office." 

The Post is surcharged with vile pro-slavery* 

matter, paid for by the United States Govern} 

aent. We copy from it the following pronun; 

ciamento from one of our masters : — < ' 



To the Editors of the Boston Post : 

Gentlemen, — At the request of my friends, Col 
Suttle and Mr. Brent, of Virginia, whose names 
have for several days past occupied so much o: 
of the public mind, I write you this. The exGit. 
ing trial is now over; the United States Commis* 
sioner, after much research and deliberation, ha< 
given his decision, and the fugitive, Anthonj 
Burns, is on his way back to Virginia. No man. 
in Boston can fairly say he did not have an impar" 
tial trial, and that he was not ably defended bj 
counsel learned in the law, and full of zeal for 
their client; and that so far as sympathy could go,' 
that it was not all on his side. In the name o£ 
my Virginia friends, I have to thank the citizen^ 
of Boston for the firm and patriotic manner irf 
which they have acted during the whole course or 
this exciting trial. To the United States Marshal, 
to the civil and military authorities, to the United 
States District' Attorney, to his counsel, and to the 
citizens who took an interest in executing the 
laws of the land, in the name of Virginia and the 
South. Col. Suttle returns his warmest thanks. 

The South will never forget this act of justice; 
and when I shall return to my own State, I can 
say to Louisianians that Boston is a law-abiding 
city, and that I have seen the rights of Southern 
men respected and firmly maintained — that the 1 ? 
order loving citizens of Boston, in the broad nocn 
of day, executed the constitutional law of the 
land. The North and the South are connected 
by every tie of blood, of friendship, and of inter- 
est, and cursed be the hand that shall ever break 
them apart. Boston is a great city, in many re 
spects the first in the Union ; it is the seat of learn- 
ing and of science; she has sent out to the South 
and West many a noble son, and lier daughters 
are now the mothers of Southern children. Shall 
a few misguided men make odious the whole of 
this great city ? No, never. 

To the disconsolate widow of Mr. Batchelder — 
he who fell in defence of the laws of his country — 
I have to say that the city of Alexandria will take 
care of her. To the kind-hearted and philauthrop- 



respectable citizen respectfully asks a commander 
of a corps by what authority he orders citizens out 
of the street*, and is answered, 'None of your busi- 
ness, G — d d— n you;' when a company amuse 
themselves while on dutvby singing 'carry me back 
to Old Virginia,' thus manifesting the utmost in- 
difference to the feelings of many of the citizens; 
when a company participates in Bachanalian pleas- 
ures in State street; when an officer evinces such 
deplorable ignorance of his duties as to order a 
shopkeeper to close his store because he see3 fit to 
drape it in mourning; — when such scenes are per 
petrated in Boston, we shall not remain silent nor 
cease to express our unqualified censure of such 
disreputable conduct." 

The Bee has an article maintaining the ex- 
cellent stand it has taken during the week. 
The Mail is equally persistent in its violent 
pro-slavery course. It exultingly proclaims 
that " Burns, the fugitive slave, has been car- 
ried back to Virginia, where he belongs." 

The Courier has three or four columns, most- 
ly from the pen of its Roman Catholic editor, 
full of the worst and meanest vindication of 
the proceedings of yesterday. It glories in the 
infamy of the proceeding. 

The Advertiser, without the vile and offen- 
sive spirit of the Courier, fully justifies the 
slave-catching Commissioner, and yields to the 
decision with the excellent grace of conver- 
satism. It must however look with some feel- 
ings of regret back to its issue of Wednesday, 
when, after the evidence for the prisoner was 
in, it expressed the opinion that he would be 
set free. The eminently respectable Commis- 
sioner must be sustained by the organ of re- 
spectability at even the hazard of consistency. 

Public Demonstration in Haverhill. 

Haverhill, June 2, 1854. 
Mr. Editor: — The friends of freedom bere re- 
ceived by telegraph the painful announcement that 
the fugitive, Burns, has been remanded back to 
slavery by Commissioner Loring. In accordance 
with previous arrangements, all the bells in 

TOWN WERE TOLLED FROM TWELVE TILL G*TE 

o'clock. A general regret prevails that, in the face 
of a reasonable doubt, the slave-hunting Judge has 
taken from a Massachusetts freeman his liberty, 
and with it all probable hopes of ever enjoying it 
again. 

We hope to hear that every town in the State 
has made or will make suitable demonstrations of 
their abhorrenee of this outrage. * 

The above is from a correspondent. We learn, 



in addition, that President Pierce, Uaieb Cushing, 
Senator Douglas, and Loring, the slave-catcher' 
were hung in effigy across Merrimack street, near 
the Marke t House in H averhill, this morning. 

[For the Commonwealth.] 
Fall River, Friday evening, June 2, 1854. 
An immense meeting of the citizens has just 
been held in the City Hall, over which the Mayor 
presided, to express their abhorrence of the scenes 
that to-day have transpired in Boston, and their 
utter detestation of the Fugitive Slave bill. A 
vote of thanks was passed to Messrs. Dana and 
Ellis for the humanity and ability with which they 
have concluded the case of Anthony Burns; also 
to officer J. K. Hayes for his course in resigning 
his office. Eloquent speeches were made by Hon 
N". B. Borden, Rev. Messrs. Thurston and Hobart 
Drs. Aldrich and Hooper, 0. B. Stone, Esq., and 
others. A petition to Congress asking the imme- 
diate and unconditional repeal of the Fugitive 
Slave bill is in circulation. 

The bells of the city were tolled from 3 to 4 
o clock. 

Nev r before was there so much excitement in 
Fall River. W. M. C. 

Incidents ©f th,e jDeiy. 
Wc are informed that the Boston clipper ship 
" Wild Ranger " arrived at Alexandria, Va., last 
Sunday night, from the Chiucha Islands. The cap- 
tain of the ship, J. Henry Sears, on going ashore, 
wss followed and hooted at by the people, who 
made various demonstrations of violence. At the 
hotels he was refused admittance, because it 
"would not be safe for him to stop there." Fi- 
nally he came by railroad, and he arrived 
Thursday night and reported himself to his own- 
ers. The Mayor of Alexandria did not call out 
the military to keep the peace. 

We are also informed, on what we think the 
best of authority, that during the early part of this 
week, application was made by parties in the in- 
terest of the General Government for the privilege 
of having the steamer "John Taylor" come to 
Long wharf, for the purpose of receiving on board 
Burns and the United States officials, when the de- 
cision was made. To this application Mr. John 
H. Pearson, the principal owner of the wharf, 
gave an indignant refusal. Application was then 
made for Central wharf, with a like response. On 
Tuesday, however, Mr. Daniel Draper made ap- 
plication to Mr. Sampson, the wharfinger of T 
wharf, for the privilege of having the "Taylor" 
stop at that wharf some day during the week, say 15 
minutes, to take on board a water-party, which was 
granted. It was not till Thursday that Mr. Samp- 
son learned the true purpose of the "Taylor's" 
visit, when he remonstrated with Mr. Draper for 
his erroneous statement, saying the wharf could i 
not be used for the purpose contemplated. Mr. 
Draper, however, replied that the arrangements 
were all made; that the business would be speed- 
ily concluded, and that a change of plan could not 
then be effected. Under these circumstances, the.' 
wharf was used. During the week, Mr. Sampsc' 
resigned bis post as wharfinger. It is not known 
at present that" this was induced by any hope of 
reward held out by Draper for the use of the 
wharf. 

The " John Taylor," at sunset, was reported 10 
miles east of the outer station. 

Deputy U. S, Marshal John H. Riley, and offi- 
cers George J. Coolidge, A. 0. Butman, Charles 
Godfrey and Wm. Black were detailed to accom 
pany Burns to Virginia. 

The field-piece carried in the procession was 
taken to pieces on arriving at T wharf, before be- 
ing taken on board the steamer. 

Wm. Jones, the colored man who testified in 
the defence of Burns, was arrested yesterday for 



Just as the steamer John Taylor left the wharf, a 
man cried out, "Well, I'm glad the nigger's gone." 
Scarcely were the words out of his mouth, when 
a sailor stepped up, and with the exclamation, 
"You lubber!" knocked him over. The fallen 
man got up and showed fight, when he was knock- 
ed down a second time. He attempted to run off, 
when some one shoved a board between his legs, 
which again tripped him up. At last he reached 
the military and claimed their protection.— Trav- 
eller. 

Ma. Hates and the Mayor.— The following 

is the letter of Mr. Hayes, resigning his position 

in the police force : — 

Boston, June 2, 1854. 
To His Honer the Mayor and the Aldermen of the 

City of Boston : 

Through all the excitement attendant upon the 
I arrest and trial of the fugitive, by the U. S. gov- 
ernment, I have not received an order which I 
have conceived inconsistent with my duties as an 
officer of the^ Police, until this day, at which time 
I have received an order, which, if performed, 
would implicate me in the execution of that in- 
famous " Fugitive Slave Bill." 

I therefore resign the office which I now bold 
as a Captain of the Watch and Police from this 
hour, 11 A. M. 

Most respectfully yours, 

Joseph K. Hates. 

We understand that the Mayor was very anxious 
that Mr. Hayes should withdraw his letter of resig- 
nation, but he positively refused. His course is a 
highly honorable and praiseworthy one. The or- 
ders given to the police were to clear the streets. 
The military were then to be stationed at the en- 
trances, and if the lines were broken, they had or- 
ders to fire without giving notice, and in case of a 
disturbance, the police officers were instructed to save 
themselves, for the soldiers would fire indiscriminate- 
ly. This sanguinary order wa3 issued by the May- 
or of the city, for the purpose of " keeping the 
peace" — Heaven save the mark! The Mayor 
visited the Police Office on Friday morning, and 
said to the Chief, Mr. Taylor, that he had orders 
from Commissioner Loring, to have Court Square 
cleared. He was acting under the orders of the 
kidnappers' Court, and under the control of the 
Virginia negro catcher himself, during the whole 
of these troubles. Mr. Hayes' letter will be acted 
upon by the city government. Whatever they 
may do the people honor him for thus refusing to 
act in the seizure of a fugitive, under the bloody 
orders of the Mayor. 



The Slave Commissioner Burned in Effi- 
gt. — About nine o'clock last evening, says the 
Lynn Reporter of to-day, a gallows was erected on 
High Rock, to which was suspended the stuffed 
figure of a man. Over the beam was the follow- 
ing inscription in large capitals : — 
Commissioner Loring. 

He will leave a scoundrel's name for future time, 
Linked to few virtues and a damning crime. 

Fire was applied to his extremities, and amid 

the groans and hisses of a large crowd, the figure j t 

was burned to ashes ; after which the assembly 

quietly dispersed. 



■ 



DC?" We are requested to say that Governor Wash- 
burn did not order out the troops, and was not ap- 
plied to for that purpose. The order came from 
the Mayor. We give the Governor all the benefit 
of the disclaimer which his friends are anxious 
to make for him. We see no reason to doubt, 
however, that the Governor fully approved of all 
the proceedings of the Mayor. The tone ot his 
speech at the military dinner, was as subservient 
as the most imperious slaveholder could desire. 






PRINCIPLES, NOT MEN. 



ft 



MONDAY, MORNING JUNE 5, 1854. 



There are two parties interested in creating the be- 
lief that Boston is but a nest of rabid abolitionists 
who are ready to resist by force the execution of any I 
and every law of the United States rendered neces-' 1 
sary by the existence of Slavery at the formation of 
the Union. These two parties are the rabid aboli- 
tionists themselves on the one hand, and, on the 
other, those who wish to use the passions and preju- 
dices of the slavery propagandists as the means of ac 
quiring political influence. The former are well re- 
presented by Mr. Theodore Parker, the latter by 
Senator Douglas ; the former find fit exponents in the 
Boston Commonwealth and the New York Tribune, 
the latter, in the Richmond Enquirer and the Wash- 
ington Union. If we add to these such men and 
such journals as are ever ready to be carried with the 
strongest current in the stream of popular feeling, 
and who represent the Trimmers of James IPs day, 
we will have reached the sources of all the exag- 
gerated accounts of the events which occurred in 
Boston during the last week, and of all the misrepre- 
sentations with regard to the sentiments of her citi- 
zens. The exaggerations have been gross, the mis- 
representations almost slanderous. One authority 
speaks of ten thousand men under arms on Fri- 
day last ; another of two thousand people around 
the Court House awaiting the decision of the 
Commissioner, and of twenty thousand people 
in State street, crying shame upon the proceedings ; 
and another thus gives false color to some facts and 
misstates others—" That there was opposition to the 
" act is, however, seen in the means employed for its 
" consummation. Burns was not torn from the soil 
" of freedom and consigned to slavery by any ojdina- 
"ry methods of imprisoning malefactors. He was 
" not taken by a constable or a sheriff, or even a whole 
" police force of a great city. All these were insuffi- 
" cient. It took all the police of Boston, three com- 
" panies of United States troops, one company of 
" cavalry, and an entire battalion of militia, together 
" with several pieces of artillery, to secure the cap- 
*' ture of this citizen and remand him to slavery." 

These are but a few of the multitudinous misrepre 
sentations, one other of which is that the field-piece, 
which made one of the'" several pieces of artillery,' 
was loaded with grape-shot and accompanied by an 
artilleryman with a lighted match. 

We speak from positive knowledge and personal 
observation, and, in every case, from these alone, in 
saying, that these statements, and all like them, give a 
very false impression of the occurrences which they 
profess to recount, and, no less, of the feelings of the 
community in which those occurrences took place. 
At the most there were one thousand men under arms 
in Boston last Friday, exclusive of the United States 
force : there > were not three hundred men within a 
range of threahundredfeet of the Court House on Fri- 
day morning ' at nine o'clock ; there were not ten 
thousand men at any one time in State street on that 
day; and of those who were there, not one in ten 
cried shame upon the troops and police in the dis- 
charge of their duty. There were not " several 
pi«ces of artillery" brought into requisition ; there 
was but one, and that was not loaded with shot of 
any kind. There was no such opposition as the pas- 
sage which we have quoted implies ; andgft did not 
take " all the police force of Boston, three compa- 
*' nies of United States troops, one company of Cav- 
" airy and an entire battalion of Militia together with 
"" several pieces of Artillery" to ensure the execution 
of the Fugitive Slave Law on that occasion. 



Of the throngs which appeared in the streets it was 
judged by those of all shades of feeling upon the ex 
citing topic, — those who had mixed with them, lis- 
tened to and talked with them, that at least seven in 
ten were mere spectators, men who if Burns had been 
takendown the street by his master alone would not 
have intermeddled with their relations ; and even of 
those who were more actively interested in the mat- 
ter, a number comparatively very small, would have 
attempted a forcible rescue of the fugitive from the 
Marshal's force. Let this not be misunderstood or 
knowingly misrepresented as a statement, that com- 
paratively few citizens of Boston wished the 
slave free. To make such an assertion would be to 
arival the perversions of those whose baleful efforts we 
seek to counteract. The large majority of the citizens 
would gladly have seen Burns a freeman; and many 
blindly hoped that he might be refused to his master 
on technical grounds; but, except the few professional 
fanatics who make a venomous hatred of slaveholding 
and slaveholders their pet virtue, it would have been 
difficult to find a man who being asked, after the 
decision of the Commissioner, whether Burns 
should be delivered, would not have answered — 
"Yes." The conviction of the overv Helming majority 
was that the law must be obeyed, ana that the means 
necessary to ensure its enforcement without the 
loss of a single life among the rabid abolitionists, or of 
another life among the officers of the law, must be 
taken, distasteful, repulsive, even irritating as they 
were. " This," exclaimed a jurist of eminence as 
the troops were marching down State street, " this is 
" the bitterest dose of law and order that I ever 
took ; but," he added in reply to an inquiring look, 
" it must be taken. We must hold our noses, shut 
" our eyes, and gulp it down." There were others 
around him who did not share his distaste, even 
for the means employed ; others who felt deeply 
the abstract wrong of carrying a man into sla- 
very, but who yielded this one with a good grace, 
beeause they had learned that it is impossible for 
every man to regulate private affairs, much less those 
of a public nature, according to his own peculiar no- 
tions of moral right and wrong. These were the 
sentiments of a gathering of men of all shades of 
political opinion ; and among them only one was 
found who would not have had the fugitive given up 
after the decision, and even he would not counsel, 
much less offer, forcible resistanceto the execution 
of the law. 

What then, it may be asked, was the need of such 
imposing array of military and constabulary force? 
why were the'citizens of Boston confronted with sa- 
bres and bayonets, and excluded from their public 
streets ? The answer is obvious, upon a moment's 
reflection, to those who know the facts of the case. 
Remember that an armed attack had been Hiade upon 
the United States officer and his posse, and that one 
man had been killed in the discharge of his duty, while 
bullets whizzed over the heads of his companions. This 
showed that there were in the city fanatical despera- 
does who would not hesitate to slake their zeal with 
blood. Remember that it was necess a ry to conduct the 
slave a distance of three quarters of a mile through an 
avenue crossed by many streets opening into it from 
all directions ; and that a rush of two or three hun- 
dred of such fellows as attacked the Court House a 
week before, down either of these streets, might easi- 
ly have been made, and might possibly have succeed- 
ed in setting the slave at liberty in the tumult, but 
only at a fearful loss of life, if he had been guarded 
only by the Marshal's special posse. There were but 
two ways in which the transportation of Burns could 
be effected. One, by carrying him immediately away 
| in a carriage surrounded with an unarmed posse 5 



FRIDAY EVENING, JUNE ©, 1854. 




&sS=SS*I 



?hf£l? nS; the , other ^commends 



that the 



and many thought that this might easily have beer "" * " — " — " 

done, so comparatively small and calm was thi EVENING TRANSCRIPT" 

crowd near the Court House just after the decision ■ — — ■■ ■ ■ - ■ ■ _! 

But there was a risk in this ; and although it wa 

small, it could not with propriety have been incurred , 

and the only alternative was then necessarily taken, 

— that of securing all the approaches to the avenue 

through which he was to pass, as well as the avenue 

itself, with such an overwhelming military force, and 

such elaborate precaution, as to preclude all ehanceg 

of collision or even contact between the citizenatihi? 

United States officers and .troops. This w£s done 

the State troops were employed not as _^a escort fo 

the slave, but to present a hopelessly impassable bar 

lier between the United States force and such mac 

men as might possibly have made attempts whic 

could only have resulted in riot and bloodshed tc 

terrible to think of. The Mayor asked for the: 

troops solely to preserve the peace unbroken duriu 

the execution of a law. The Marshal himself, as 

will be seen by the evidence on the investigation, did . ** E if AVY ANr> Revehue Service. The Journal 

not arm his posse until the Court House had been * n „. ng *° the communication in our columns last 

attacked and one of them killed. No man who die Jerks'™ C&]?UOn ° f "° UI * GalIant Nav y" 

not wish to forcibly prevent the execution of that law Without exoressine a 

had anything to fear from bullet, bayonet or sabre; anc or impropriety of thlconffi 1 of thTrnli? pr °;P riet F 

no considerate man who did not so wish, would weigr ^^^^X°£S^ g t *? ^™T^£ 

for a moment the personal inconvenience to which hi seems to be ignorant that thecutte ir° h * he writer 

might be put against the chance that the measure %^™$^^ h ^ *>»*b "V^Siof 

which gave him a little annoyance would save th. and ''our gallant navy- : " P service 

life of even one lawless and fanatical scatterbrain. 

The office of the Commonwealth,, whence filth, cow) 

jtch, red pepper, and vitriol were thrown upon the 

men who were peforming their duty, under the laws 






to those lately enacted in Boston shall occurraS 
that for every fugitive slave withheld ol ™? Pf ? 
hereafter, a NortEern vessel ia : their noifs «h*i m& 
confiscated to the owner of the riave P *" be 

™. n /,I hese , su £gestions, the Enquirer save "com 
mend themselves to its anm-oval hv Iy>*?J ' °r 
propriety ana efficiency." ^Y. ComLrciai. """^ 



of their country, fairly represented those who ha< 
really anything to apprehend from the arm 
of the soldiery on that day. Indeed th 
behaviour of the citizens generally, as we 
as that fo the troops, was highly praiseworthy 
the number of those even who hooted and hissed b 
ing comparatively small. A distinguished Russii 
savant, used to the government of bayonets , which en- 
force an autocratic will, could not restrain his expres- 
sions of wondering admiration at seeing a thousand 
citizen soldiers armed to keep the peace during th c 
execution of a law which was repugnant to the feel- 
ings of almost every one of them. The spectacle, re 
garded in that light, was indeed a noble one. 

But still there is no denying the fact, that the 
means which circumstances seemed to require t< 
preserve the peace entirely intact, were sue! 



Congress— Thursday, June 8. House. Mr. 
Griddmgs called the attention of the House to an 
article in the Union, counselling deeds of vio- 
lence towards members of the House, and offered 
a resolution expelling Judge Nicholson and the 
reporter of that paper from the privileges of the 
floor. A debate ensued, in which Mr. Giddings 
read the article from the Union, in which Theo- 
dore Parker Wendell Phillips, Giddings and oth- 
ers were declared to be without the protection of 
the laws and the Constitution. 



Correction.— We learn that ihe reports lha t | 
tohn H. Pearson, Esq , the lessee of Long Wharf, v 
efused to allow that wharf to be used for the removal 
of the slave Burns; that the whaifinger of T wharf, 
who let the premises for the business without consult- 
ing the proprietors, was promptly discharged on Fri- 
day evening, and that Col. Suttle was apprised of ihe 



as must ever be repulsive and deeply irritating in thi 

country. No American can, unmoved, allow him deci8,on of Commissioner Loring some twenty hours 

self to seem to be compelled by military force t before it was given in Court, have no foundation in 

perform a disagreeable duty, which he is willing t fa'*' 

perform merely from his sense of duty. A demon 



stration like that of Friday last in Boston provokes 
antagonism just in proportion to its strength. It can 
hardly be repeated in Boston. The necessity for it 
will not be allowed to arise. It is, to say the 
least, very improbable that a fugitive slave will 
ever be arrested hereafter in that city. Means 
will be taken to put such as may arrive there out of 
the reach of the marshal. ) 

When a law is hated, or has lost its moral force* 
there are three modes of action which may be pur- 
sued ; — unmurmuring submission, efforts for its re- 
peal, and armed revolution. Massachusetts, in this 
case, will not, cannot adopt the first ; she is not ready 
or willing to venture upon the last ; but the will 
give her whole energies to the second. The feeling 
which the passage of the Nebraska bill has raised 
is one which will never be allayed until the-Missouri 
Compromise is restored, or the Fugitive Slave Law 
repealed and the further accession of Slave States 
to the Union, whether from Texas or elsewhere, for. 
ever precluded. 



Slaves Returning from California."— The 
steamer Pampero, on her last trip from San Juan, 
brought up twelve or fifteen slaves, who, together 
with their master, were on their return from Cal- 
ifornia to Georgia. These slaves were taken out 
to California by their master, in the spring ofl 850, 
and as soon as practicable after their arrival in 
San Francisco started for the gold mines, where 
they have ever since labored faithfully, the pro- 
ceeds of their labor rendering the owner wealthy. 
When they returned to San Francisco, the owner 
addressed them, and informed them that they 
were free, and offered to rig them out in fine 
style, and give each of them a sufficient sum of 
money to enable him to start fair in the world for 
himself. Without a single exception they refused. 
They had all been looking forward with great glee 
to return to the "old plantation," and the "old 
folks at home," and so back they all came, and by% 
this time, perhaps, they are astonishing the young 
darkies, who have never left home, with the won- 
drous instances which befel them in the land of 
gold, and gratifying'them with a sight of the mon- 
keys, paroiquets, &c, which they picked up on 
the Isthmus of Nicaragua. The above facts are 
gathered from gentlemen who came through with 
the slaves and their owner, and who were perfect- 
ly cognizant of the matters stated. 

[N. 0. Picayune. 



Charged with Murder.— Albert G-. Brown, jr., John 
J. Roberts, Henry Howe, Martin Stowell. John Morri- 
son, Walter Phenix, John Wesley, Walter Bishop, and j 
Thomas Jackson, (the last four colored,) the persons ar- 
rested during the disturbance in Court Square, on Fri- i 
day night, were brought before Justice Rogers, of the i 
Police Court, on Saturday afternoon, when a complaint ! 
was made by Deputy Chief Luther A. Ham, charging; 
the whole number collectively with having committed, 
with malice aforethought, a felonious assault upon the 
person of James Batchelder, with firearms loaded with | 
powder and ball, and that they did kill and murder the 
said Batchelder. Mr. Ham proposed a postponement [ 
until Wednesday, as the Government were not prepared 
for an examination. J. A. Andrews and Chas. E. Da- 
vis, Esqrs., of Plymouth, appeared as counsel, and ob- 
jected to*the complaint on the ground that it appeared 
that the charge of murder was preferred against the 
whole number, thereby precluding the possibility of 
their release from imprisonment on bail, until the gov- 
ernment were prepared for an examination. He also 
inquired if some of the prisoners were not arrested before 
the homicide took place, and if so, he held that they 
should be admitted to bail. The Court decided that 
might be true, it might appear upon examination that 
they might be accessories. Mr. Davis said that one of 
the prisoners was arrested long before the homicide, 
charged with putting out a lamp, to which Mr. Ham 
replied that he expected to prove there was a concert of 
action, and he would endeavor to be ready for the ex- , 
animation on Tuesday at 11 o'clock* but if not then 
ready he should ask for a further postponement. This 
statement was endorsed by the Court, and the prisoners 
were committed to jail. 

More Arrests.— John C. Cluer and a colored man 
' named Nelson Hopewell, were arrested and committed 
to jail, Saturday evening, on suspicion of being con- 
cerned with others, in the affair of Friday night. A 
colored man named James Pallam was arrested on a 
charge of stopping a carriage in School street. 

Examination of the Rioters.— The examination of 
the persons, eleven in number, charged with causing 
the death of James Batchelder, on the night of Friday 
last, was commenced before Jnstice Cushing, in the 
Police Court, at 4 o'clock yesterday afternoon. M. 'H. 
Sn ith, Esq., counsel for John J. Roberts, moved for 
him a separate examination, on the ground that it would 
appear in evidence that he was arrested and in the lock- 
up about half an hour before the homicide occurred. 

This motion the Court ruled not allowable, as the 
complaint had been made conjointly. f 

District Attorney Sanger stated that the testimony of 

Chief of Police Taylor, he being the principal witness, 

would be desirable as near the first part of theexamina- 

tion as possible, but from the fatigue consequent upon 

the day's excitement, it would be proper to omit it at 

present, and proceeded to the examination of evidence 

bearing upon the transaction inside the Court House. 

V Silas Carlton examined. — Am in the employ of U. S. 

Marshal Freeman ; was in his employ on May the 27th ; 

did not know Batchelder when he came to the Court 

House ; first saw him after he was stabbed ; it was near 

the South door on the west side ; he was in the passage 

way between that and the Marshal's door; he was 

standing and trying to work himself out; should think 
he was little past the stair-way from the cellar door ; 
was standing under the gas light ; could see one-half 
the door; there were perhaps 15 men between me and 
Batchelder ; there had been a previous attack upon the 
door, and it had been forced ; can't say where I was 
when it was commenced ; I heard the attack upon the 
west door before I left the east door ; when 1 passed 
I saw Batchelder; he was trying to extricate himself 
from the crowd ; he was working himself partly side- 
ways ; he. came out and staggered along towards the 
Marshal's door, when I saw someone catch him, after 
which I took no further notice of him ; I think it was 
the Marshal who caught him; saw him about 15 min- 
utes afterwards ' 
ine his person. 

Cross-examination. — By Mr. Farley- 
Marshal Freeman's orders. The door 



in the Marshal's office; didnotexam- 



-I acted under 
that opens on 



Court square, on that side, was locked ; it was between 
half past 9 and 10 o'clock; the first I knew the Supreme 



(Jourt was sitting was when they wanted to get out ; 
the first time I came in was between 8 and 9 ; the last 
time a little past 9 o'clock ; should think the Marshal 
had about 40 men ; they were armed with clubs ; heard 
that some were armed with other weapons ; don't know 
who nor how many, were armed ; this was when they 
came down to shut the door before the man was killed ; 
can't say who had clubs ; saw two or three ; they were 
in the hands of those in the employ of the Marshal ; it 
was after the first attack on the East door ; saw pistols 
in the hands of those in the employ of the Marshal; 
there were 50 pistols in the building; can't say they 
were all in use. It might be 10 minutes after the door 
was forced; know there were 50 because I counted them, 
they were in the possession of the Marshal ; don't know 
as there were others in the employ of the Marshal who 
had pistols before that time ; should think it was from 
20 to 30 minutes before 10 o'clock when this man was 
killed ; don't know by whose orders the doors were 
shut ; know some of the pistols were loaded ; don't 
know but all were. 

Dire-ct examination — I know some of them were load- 
ed after I saw Batchelder wounded. 

Cross examination— Saw swords jn the building ; am 
sure that I saw no other weapons ; saw swords after the 
door was open and shut. 

Direct examinaton — A good deal of violence was 
used on the east door ; couldn't say how long it was 
from that time to the attack upon the west door ; think 
they went directly round by the way of Court street. 

Isaac Bullard examined— Am U. S. Weigher on the 
wharf ; was at the Court House on that night ; came 
there about half-past six o'clock ; the attack upon the 
west door was about half-past nine or twenty minutes 
often o'clock ; the east door had been open during the 
evening; wentto the east door a little past eight o'clock; 
was on duty there ; it was from fear of an attack upon 
the building; about half past n^ne heard a hallooing on 
Court street ; looked oift ; saw people coming up Court 
street thick and fast; several of our officers were stand- 
ing on the east steps, and they had hardly time to get 
in and close the door ; this was about two minutes De- 
fore they reached the door ; should think I saw 50 or 60 
pass the light ; could not understand as they said any- 
think ; got the officers in and locked the doors ; their 
manner was noisy and disorderly; several attempts 
were made to burst in the door ; they then left and ran 
around the south side of the building to the west door: 
saw them leave the door through the window ; expected 
tbey would knock in the side-lights ; the next thing 
was their throwing brick-bats and breaking in the glass; 
I was just leaving the east door to go to the west ; it 
was just about the time Batchelder was hurt, and was 
being carried into the Marshal's office; passed him 
about three feet from the door; did not say anything 
to him; he was then in the arms of two men ; saw two 
colored men after I passed him; one was most out, the 
other's whole body was inside the door; we shoved him 
in and shut the door; they were forcing the door; some- 
thing then came against the door; the door was only 
shut to; we could not fasten it; they jammed a timber 
through the frame; the door was forced a second time, 
when Batchelder was killed; the cry then with us was 
'• let them come in;" am certain that a timber was used 
the second time; saw it come through the door about a 
foot and a half; it was about 14 feet long and six by- 
ten inches square; we placed ourselves upon the stairs; 
we were in the passage-way when, the cry s " let them 

come in" and was made; we stood there a few moments: 
the first person I saw was Deputy Chief Ham ; the door 
was closed and barred after that ; heard several pistols 
fired around the South-west door; heard them fired 
when they were coming around the end of the house 
from the East door ; heard one fired in the house after 
Batohelder was killed ; was in the passage way when I 
heard the first pistol fired ; it was before Batchelder was 
killed ; think it was on the outside ; there were three or 
I four men ahead of me going toward the door ; saw 
I Batchelder in the Marshal's office six or. seven minutes 
! after I first saw him in the passage way ; -he... was lying 
| on his face some two feet from the door ; saw ito wound 
! upon him ; knew him before by sight but not by name. 
He was with the others employed by Freeman ; think 
he was at the East door ; think he left with two others. 
Cross-examination — Have been employed by the 
United States as a weigher about 6 years; don't know 
as any one was armea that night until the door was 
forced; we all had clubs; saw no swords; there might 
have been 25 or 80 or more in the employ of the Mar- 
shal ; there might have been 50 or more who attacked 
the east door ; there was no further attack than pushing 
it ; it was about two or three minutes before the attack 
upon the west door ; first saw the timber when the pan- 
el was broken ; brought it in the next day ; the arms 
were furnished by the Marshal, after the attack; had 
nothing to drink besides water before the attack ; had 
not drank any out of the building ; there were no re- 
freshments furnished until between 12 and 1 o'clock; 
it was something which I did not smell or taste of; 
can't say wh'at liquor it was ; it was furnished to all 
In the house; the attack was made at the west door be- 
fore I left my station at the east door; did not see any 
attempt to enter the door after I saw the timber come 
through the door; the next man I saw was Mr. Ham; 
have been in the employ of the Marshal to-day ; have 
assisted to take Burns off ; was in his employ nine days ; 
was in his employ when Simms was taken off; 
I ate my supper before I commenced service on Friday 
night last at Parker's ; other men went with me ; was in 



their company afterwards that mgm, at tne iiast door ; 
reeeived my orders that night from John Biley ; drank 
no liquor at Parker's subsequent to the attack that 
ni<*ht ; saw none drank by those with me ; saw cutlasses 
and pistols in the hands of the Marshal's assistants after ' 
the attack'; they were brought into the passage-way by 
some one, I don't know who ; we had orders to put them 
on, I don't know by whom ; we then took our position 
on'the stairs ; the officers and jury of the Supreme Court 
came down when we were on the stairs armed; they ef- 
fected their exit in some way through the Police Court 
room ; the pistol fired on the inside was while I was 
standing near the Marshal's office, after the door was 
broken open the second time : think it was in the small 
passage way; think there were twenty-five or thirty who 
were armed with cutlasses and pistols; we atood upon 
the stairs until Mr. Ham came; think t remained upon , 
the stairs until about 2 o'clock; the door was not fast- 1 
en ed after it was first broken open until the second at- 
tack; did not hear any one in the employ of the Marshal 
say where they could obtain liquor; the cutlasses were 
in scabbards. i 

The Court here adjourned until 10 o'clock, this fore-i 

EXAMINATION OF THE RIOTERS. 
Police Court.— Cushing, J. 

The Court came in at 3 o'clock, yesterday afternoon, when 
Matthew Hale Smith, George F. Farley, J. A. Andrews, Edward 
Aveiy, Wni. L. Burt and John W. Browne, severally appeared 
as counsel for the prisoners, charged with the murder of James 
Batchekler. 

Mr. Sanger, the District Attorney, was not present, and no 
witnesses had yet been summoned. 

Justice Cushing read a list of the witnesses, and officer Ham 
accounted for them variously, some being on board the revenue- 
cutter bound for Virginia, with the fugitive Burns. 

Mr. Matthew Hfele Smith moved that the prisoners be driH 
charged. 

The motion was supported by J. A. Andrew, Esq , who ^aid 
that here were 12 men kept from their homes for the )■> .^iit 
days, on a charge of committing the highest crime knov.ii to the 
law, and yet no one was prepared to prosecute the case for the 
government. 

The Court refused to entertain the motion for discharge, and 
decided that what witnesses could be found, should be examin- 
ed. 

Subpoenas were then issued, and pending the arrival of the 
witnesses, a petty case of assault with a tin pan, between two 
Irish women, (one of whom had a handsome child in her arms,) 
was tried and dismissed. 

Mr. Sanger here made his appearance in Court, together with 
nine or ten of the witnesses. 

The prisoners were now brought in. 

Mr. M. H. Smith moved that Roberts be examined separately, 
as he was in the lock-up, under charge of the police, before the 
disturbance occurred. 

The Court said it would be inexpedient to take that course, be- 
cause the same ground would then have to be gone over two or 
three times. 

The complaint was amended, on motion of Mr. Sanger, ,o as 
to represent that the killing was by some sharp instrument, in 
stead of oy powder and ball. 

Mr. Sanger said one of the chief witnesses, Mr. Taylor, was so 
sick as to be taken home in a carriage, but the Court said the 
examination might proceed with the other witnesses. 

Silas Carleton sworn. — Am in the employ of U. S. Marshal] 
Freeman; ordinarily am a bailiff in Court; was in his employj 
last Friday, May 2C; did not know Batchelder when he came! 
here; first saw him after ha was stabbed; it was between the 
Marshal's door and the outside door ; opposite the south door on 
the back side; he was one of the foremost at the door; was stand- 
ing and trying to work himself out kind of sideways; think he 
was a Utile nearer the door than the foot of the stairs when l| 
first discovered him ; I was under the gas light ; could see one* 
half the door as I stood; there were about 15 men in the passaytj 
way between us ; there had been a previous attack on the door 
and it had been forced ; they first attacked the east door ; I hek! 
on to it; then they attacked the west door: the Marshal hollered I 
to his mcu ; think I had left the east door when they attacked the 1 
west; Batchelder was trying to extricate himself; went into the 
Marshal's door with Batchelder; think the Marshal caught him 
in his arms as he went in; lefc him there, and when I saw Mm 
again lie was dead and lay within a fooi of the north door of the 
Marshal's office; did not examine his person. 

Cross-examined— Acted under no orders but those of the Mar- 
shal; the doors were all locked and people were forbidden from 
entering; the Supreme Court was in session ; did not know that 
till the Court wanted we should help them get out; came in about 
8>2 o'clock the first time, second time about 9.5a; the doors were 
fastened before the attempt to break in ; understood that these 
guards, about 40 in number, were armed with guns; do not know 
, whether any one was armed while the doors were shut; before 
the man was killed, think. I saw arms; saw two or three clubs in 
the hands of the Marshal's men; saw other weapons after the 
attack on the west door; saw pistols immediately after the kill- 
ing; there were 50 pistols in the building; there was no oppor- 
tunity to go out after them; counted the pistols over myself; 
think it was -20 to 30 minutes before 10 that the attack took place ; 
had been to the Post Office just before; don't know who ordered 
the doors shut ; the Marshal ordered them guarded; some of the 
pistols were loaded after Batchelder was killed; there were swords 
m the building at the time of the attack— pistols, clubs and 
swords; don't know of any other weapons; between the attacks 
on the cast and west doors was only two or three minutes; the 
attack was violent enough to throw the lock out; don't know 
which way they went around the building. 

Isaac Ballard— -sworn— Am a U. S. weigher; wad in the Court 
House Friday evening; was sent by my employer to the deputy 
Marshal, who told me to go up stairs into the room; know of the: 
attack, about 9>a o'clock; the front door was open all the eve- 
ning ; wcut to East door about 8 o'clock to guard it from attack 
(military band outside playing "Wood up") ; about 9}« o'clock 
heard a hurraing down Court street ; looked out and saw people 
coming very thick and fast; several officers standing on tin 
front steps; had barely time to get in before the crowd ru-hec 
agin the door; it was< about two minutes after I saw then 
first; there were about 50 or 60; we got the officers in. shot th 
front doors and locked 'em— both locks; the crowd were disor 
derlyj ten or a dozen stood around to keep them from bustir 



in the door; several attempts were ruaue ; then they run round 
the house to the southerly door on the west side; could see them 
and hear them go. 

The next attempt was by throwing brick- bats and stones, 
breaking the windows; left the east door, and just as they were 
taking Batchelder to the Marshal's office, I passed him near the 
foot of the stairs, about three feet from the door, and helped put 
out two colored men; knew he was hurt, because the blood 
spouted out on me and on the floor; there was so much noise we 
couldn't hear what anybody said; two men were carrying him 
into the Marshals office ; of these two colored men, one was 
most out, an4 the other had his whole body inside 3 we shoved 
them out and shot the door; they faced out doors when I first 
saw thein; something, I don't know what, come pretty solid 
agin my leg, and I thought I'd better leave, so J retreated and 
went back into the entry way ; we couldn't fasten the door, and 
they jammed it in agin;then welet 'em come, if they would come ; 
they forced it a second lime; this was after I saw Batchelder; it , 
might have been two minutes after I got to the door ; saw a foot 
or two of the timber come through ttie panuel of the door the 
second time; it was a piece about 6 inches by 10, and from 10 to 
14 feet long, 

Then we placed ourselves on the stairs for defence; nobody 
came in for two or three minutes, when officer Ham put his head 
in; heard several guns fired; one pistol was fired from the in- 
side after Batchelder was carried in ; they were fired on the out ■ 
side first ; was in the passage-way, then ; it was before i had 
passed Batchelder that I heard the first firinai; think it was on 
the outside; went and turned Batchelder over, as belay on hit, 
face, df-ad, six or seven minutes after I first saw him in the pas- 
sage-way; did not see any wound; he was all blood clear up to 
his bowels ; did not know his name before ; had seen lum on the 
wharf, trucking; saw him before that evening, in the U. S. Court 
Room; he was with the other Marshal's men; think he was at 
the east door when it first started ; three of us was left to take 
charge of the east door. 

Gross c cam incd.— Come from Sharon, Mass. ; there worked on 
my father's farm; have a family ; livud in Boston S4 years ; been 
in the U. S. employ about 6 years ; am foreman for the weigher : 
there wasn't no arms come down to us men till the door was 
forced the first time ; we all of us had club-, a small little thine ; 
could have knocked a man over with my fist quicker than with 
!.hern; don't know how many men were in the Marshal's employ ; 
they only pushed and jammed on the east door; saw about two 
feet of the timber through the door ; was supplied with arms by 
the Marshal, after the attack ; was noX furnished vfith any strong 
drink before the attack ; had drank nothing myself that evening"; 
think refreshments were first furnished us between 18 and 1 
o'clock; aid not smell or drink of it myself, so I can't say it was 
liquor; G^n't say it was before or after T2o clock; it was an hour 
after the attack at least ; the refreshments were furnished to all 
in the house; have been in the Marshal's employ today; went 
down to the wharf with Burns, under arms; was employed in 
the Smims case; have been in the Marshal's employ a week to- 
night; never caught a slave; another foreman took my place; 
did not ;;sk whether he objected to coming here; ate supper at 
Parker's that night; some of the Marshall's men went with me. 

Received my orders directly that njght from John Riley ; there 
did not any of that company drink liquor at the supper that 
night, or anywhere else, before the killing; saw a conflict that 
nighi, between the colored men and the Marshal's ; saw ho wea- 
pons used except then; clubs; saw the Marshal's men have wea- 
pons, after the door was broke in ; we was armed with outlasted 
and pistols ; they was brought into the passage- way ; don't know 
who by; we put 'em 011 mighty quick; we had orders to put 
'em oil' from somebody ; then-we had orders to let 'em in, if they 
wouLd .come, and took our position on the stairs; the Supreme 
Court came downstairs while we were there armed; they came 
down with the Sheriff at their head, and went through the Po- 
lice 'Jours room ; the pistol was fired on tl^e inside,- after the door 
come to the second time; think it was fired in the passage-way ; 
it was about the time we was putting oh the arms ; may be there 
was $) or 2'> of us; nobody took post at the south door; we did 
not leave j£ie lower part of the building, I think, till half-past 2 ; 
I left about that tinie; don't think the door was fastened again 
that night; never heard that any of the men had liquor, or 
that we could have it in the building that night; the cutlasses 
had a scabbard, which wc girded on. , 

The further hearing in the ease was postponed till this morn- 
ing, al 10 O'.cloCvK. 




|Reported for the Boston Daily Advertiser.] 

Examination of the Rioters. — On Friday 
afternoon the persons charged with being engaged in 
the attack on the Court House and the murder of 
James Batchelder on the night of the 26lh Mav, were 
brought before the Police Court for examination. — 
Their names are as follows: Samuel Proudman alias 
John J. Roberts, Martin Stowell, Walter Phenix, 
(colored) John C. Cluer, Albert J. Brown, Jr., John 
Wesley, (colored) Wesley alias Walter Bishop, (col- 
ored) Thomas Jackson, (colored) Henry Stowe, John 
Thompson and John Morrison. 

District Attorney Sanger appeared for the govern- 
ment, and Messrs. Matthew Hale.Smith, John A. An- 
drew, William L. Bart, Edward Avery, George F. 
Farley, of Groton, and John W. Browne, of Salem, 
for the prisoners. 

Two witnesses, named Silas Carleton and Isaac 
Bullard. who were in the employ of the U. S. Mar- 
shal, testified as to the attack on the Court House on 
the night of the 26th May, that they saw Batchelder 
after he was slabbed, and saw him after he was dead, 
but did not see any person inflict the wound. 

The Court was then adjourned till Saturday mora- 
ine. 

At ten o'clock on Saturday morning the examina- 
tion was resumed before Justice Cushing. 



._ 



Isaac Jones was called, who testified that he was 
on duty in the Court House at the time of the attack. 
Just as he arrived at the west door, he saw it burst 
open, saw two or more men come in; they were col- 
ored people; saw Baichelder there; he was just be- 
fore me, (the wilness) and turned round and said "I 
am stabbed;" took hold of him and carried him to 
the Marshal's room, staid there with him till he died. 
There were six or eight men between witness and the 
door. Baichelder's face was towards witness, and he 
wan retreating from the door. 

Sullivan VV. Cutting testified that he was in the 
Court House at the time of the attack, was with 
Batchelder when the door was forced in; saw three 
men come in; one had an axe in his hand; the white 
man was ahead; the other two were colored men; 
the white man and one negro fought in the door-way 
a moment and then went out; they fought with wit- 
ness, Batchelder and another man; Batchelder was 
in front and bore the brunt of the attack; the white 
man had something in hia hand which witness could 
not see; one of the negroes had an axe, the other 
had nothing so far as the witness could see; 
saw Batchelder receive a blow from a club; the 
three men were driven back; Batchelder was 
facing the men who came in; witness was at his left 
hand; the three men turned round and went out; wit- 
ness looked back and saw Batchelder fall in the Mar- 
shal's room; did not know he was hurt, supposed 
that he was shot, as there were two or three guns fired 
into the door from without: Batchelder sallied, went 
back and fell; he was at that time engaged with one 
of the three men, which one witness could not tell; 
the minute the door was burst open they fired at the 
door; cannot positively identify any one there as the 
colored man who came in; thinks from his complex- 
ion Thomas Jackson was one; it was a large sized 
negro who had the axe; cannot identify the white 
man; thinks he had a stone or a brickbat in his hand; 
he struck Batchelder; he struck both hands forward 
at him; Baichelder struck him with his club and he 
went back to the door. 

Dr. C. H. Stedman testified that he made a post 
mortem examination of the body of Batchelder; in the 
region of the groin, three inches to the left of the front 
bone was a smooth, clean incision which measured 
one inch in length; the wound was in an inward and 
backward direction, and the femoral artery was 
nearly divided; the depth from the surface was 6£ 
inches; the wound was upwards, so that the end was 
two inches higher than the orifice. On examining the 
head, there were four wounds through the scalp, an 
inch in length, there was a bruise on the forehead ; one 
of the cuts was an incised wound, as if made with a 
sharp instrument; the others were made with a blunt 
Instrument; the opinion was that the man came to 
his death from the sudden loss of blood following the 
division of the femoral artery, and that the wound was 
inflicted with a long, narrow and sharp instrument. 
William Crowley corroborated the previous testi- 
mony, as to the attack on the door of the Court House, 
and thai one of the colored men had an axe in his 
hand; someone gave him a clip with a club; he 
dropped the axe and witness took it up; met the Mar- 
shal and others carrying Batchelder to his loom; can- 
not identify any one who was there. Two or three 
pistols were fired after Batchelder was carried in; the 
bullets struck the ceiling and fell down. 

Watson Freeman testified as to the attack on the 
Court House; was near the west door with some 15 
men when it was forced in; no words were spoken 
by the men thaf^he could distinguish; saw no person 
distinctly outside after the door was forced; thinks 
there were one or two who came inside; was the 
second or third person back of the man who was 
stabbed; Batchelder and others were near the door 
endeavoring to prevent the crowd from entering; 
Batchelder exclaimed "I am stabbed," and as he 
staggered back witness partly caught him. The ex- 
clamation was made immediately after the door was 
forced. Heard firearms before and after the door 
was forced. At the time of forcing the door swords 
and pistols were in his private room. Is not aware 
that any of his men had any weapons other than "bil- 
lies." 

Adjourned till 10 A. M. on Auesday. 



Examination on a Charge of ftfurder. 

John C. Cluer was brought before Justice dish- 
ing-, of the Police Court, Monday morning, on com- 
plaint of Luther A. Ham, charging him, with oth- 
ers arrested on Friday night, with the murder of 
James Batchelder, with firearms, loaded with 
powder and ball. 

Mr. Ham asked for a postponement until to- 
day, stating that the government were not quite 
ready. Mr. W. L. Burt objected, stating that 
the Government have had time to make prepa- 
ration to proceed with the examination. The 
Court sustained Mr. Ham's motion, and ordered 
that he be recommitted to jail. Mr. Cluer asked 
the privilege of remaining a short time at the 
Court House that he might have an opportunity 
to see his wife, as no one was allowed to visit him 
in jail, which request was granted. Mr. Cluer 
requested our "reporter to state, that he did not 
leave Faneuil Hall on Friday evening until 
after the disturbance in Court Square. R. H. 
Dana and W. L. Burt are his counsel. 

Nelson Hopewell, colored, was brought in on 
the same charge, and his examination postponed 
as in the former case. 



i£j 



Arraignment of the Eioters.— Agreeable to assign- 
ment, the persons arrested on a charge of being acces- 
sory to the murder of James Batchelder, on Friday 
night last, District Attorney Sanger moved for a fur- 
ther postponement until 2 o'clock this afternoon, as-f 
signing as a reason that the government witnesses, most! 
of whom were officers, were now on duty, and it would) 
be impossible for them to be present, until the excite- 
ment in the matter in the other Court was over. 

Mr. Farley, one of the counsel, suggested that the ex- 
amination proceed at 12 o'clock, if the witnesses couldj 
possibly be present, which was assented toby the CourtJ 
but otherwise it commences at 3 o'clock. " 



/' 



£ 



A Clerical Mobocrat. 



Recent news from Boston informs us that 
f'Rev. S. S. Higginson, of Worcester, has | 
been arrested and held to bail in the sum of 

) $3,000, to answer to the charge of being 
concerned in the late riots in that city. — 
This is the same gentleman who boasted that' 
he was a conspicuous rioter in t he las t ab- 1 
o htion rescue, in Bostojj^Ttle and others on 
like kidney shouWBe committed to a certaini 
institutiojijn -i Qia,rj£ < sJown, set . apart for fel/ q 
ons.> The New England pulpits have been 
rofanjdby such like incumbants until an es- 
pecial effort is necessary to dislodge them 
from their places of refuge. 

The public good, and the peace of society 
call for a signal manifestation of justice up- 
on them; and whjn we recollect how exac- 
ting was the law in the case of Webster,/ 
we cannot but hope to see these black clothj 
bandits of New England put safely beyond | 
the power of doing more mischief.. 



dUmrafltttoealilj* 



Sostoiij Tuesday^ June 6» 1854. 



The Late BiTent.— What Shall Come 
of it? 

The people of Massachusetts are deeply- 
moved by the results of the past week. This 
feeling exhibits itself first in the usual methods. 
The slave-hunter Commissioner Loring has 
been symbolically hanged, burned and buried 
in various places. With a slight disregard of 
the " fitness of things," in other places, Hallett, 
who is worthy only of tar, and Thomas, and 
Parker, who would be sufficiently honored by 
a kick, have been also suspended in effigy. 
The women of Woburn have transmitted to 
Loring thirty pieces of silver, of the smallest 
known denomination, indicating to him by 
this act, the views which they hold of the enor- 
mity of his conduct, in sending to a slavery 
worse than death, an innocent man. We must 
be allowed, while admitting the appropriate- 
ness of this gift, to protest against its being 
followed to any great extent. We object even 
to the addition of ninety cents to the legal fee 
of ten dollars, which Loring has received for 
his inhuman job. These demonstrations of 
feeling are honorable to the people. But we 
must have something besides. We shall have 
something besides, if all the signs do not fail 
us. There is a sense of burning indigna- 
tion at the disgrace into which Massachusetts 
has fallen in these days ; fallen so low as to be 
the jeer and laughing stock of Virginian slave 
drivers. Better than this, there is a stern feel- 
ing that if we do not before long resist, there 
will be no liberty left for any man among us ; 
a knowledge, forced upon men by the events 
here and at Washington within three months, 
that now must the trial come between slavery 
and freedom ; that the great enemy of our 
peace has obtained an advantage by the pas- 
sage of the Nebraska bill, which, if followed 
up, will place the whole nation in absolute sub- 
mission to its will, and leave no alternative but 
serfdom or separation. If this feeling among 
the mass of the people is not allayed by the 
tricks of political parties, great good must re- 
sult to the country from the late terrible events. 

A petition has been signed by many hun- 
dreds of influential men in this city, asking fo 
the repeal of the Fugitive Slave act. It wou? 
be possible to obtain the signatures of neari^ 
the whole people to such a petition. The biji 
ought to be unconditionally repealed. If thii 
cannot be done, it ought to be modified, so a? 
to allow a jury trial. We think that it would 1 
be practicable to bring the next House of Re- 
presentatives to this last point. We believe 
that the law is unconstitutional in half a score 
of particulars, and that Congress had no power 
to pass it. A law which so outrages every 



legal principle known in the civilized world, 
cannot be in conformity to the Constitution. 
But whether this is so or not, it is clear, that 
the Constitution demands no such law as this. 
Another sort of law would be equally constitu- 
tional. The villany which bristles out at 
every section of this act, is a gratuitous villany; 
demanded not by the Constitution, but by the 
imperious power which rules us. It cannot 
work well. There has never been a case un- 
der it, in which the most atrocious practices 
have not been exhibited. In some, mistakes 
have been made as to identity ; in others, men 
have been hurried off in secret, contrary to 
the genius of our judicial proceedings, which 
requires publicity; in others, the most gross 
and unpardonable usurpations have been com- 
mitted upon the State courts ; in others, men 
have been shot down without warning or no- 
lice, while attempting to escape. The act has 
transformed our courts into inquisitions, our 
judges into tyrants, and our people into serfs. 
The Burns case is no exception. Such an 
act, whether constitutional or not, is a public 
nuisanee, and ought to be abated, without loss 
of time. We may petition, and we must do 
something more ; elect men who will vote for 
the repeal or modification, and not wait for 
others to act upon the matter. This will un- 
questionably be one of the issues of the next 
Congress. 

There is another way of preventing such 
scenes as were witnessed here last week. — 
Maessachusetts is a State. It has a Governor of 
its own, with all the powers necessary to it; a 
Constitution which guarantees freedom to its ' 
citizens ; a Legislature which may be made 
independent, and a Judiciary which will be 
independent if the people say so. Eleven 
years ago, at the time of the Latimer escape, 
and while we were living ander the act of 1793, 
the Legislature passed an act affording, if car- 
ried out, some security to the fugitives. In 
1851, the Senate passed a stringent law, secur- 
the Habeas Corpus and Trial by Jury ; but i 
was lost in the House. Vermont has got a 
Habeas Corpus act, which she has steadily re- 
fused to repeal, in spite of the Compromise 
years, and which she is not likely to repeal. 
No slave can be seized in Vermont, and hur- 
ried off by any such summ'ary process as Loring 
instituted. We must have State legislation 
here, on the subject. We must aid the future 
Col. Suttles who come here, in their investi- 
gations as to identity, and as to the proof of 
ownership. A jury of twelve Massachusetts 
men would not be likely to give up to slavery 
a man who, like Burns, was never proved to 
have been a slave ; or to give the preference tq 
the testimony of a professional slave-catcher 
over that of half a dozen unprejudiced citizej 
of our own State ; or to give up a man w: 
wasbere the 1st of March, as the man w 1 
escaped the 24th of the same month. Tlr 



things which Loring did a jury would not do. 
With a trial, instead of an inquisition ; with a 
public tribunal instead of one guarded by uni- 
formed and ununiformed ruffians, a slave case 
would not so excite the community as it does 
under the present system. If it is said no 
slave could be carried off, if a trial is granted, 
we admit it, and say there are many other laws 
which are dead letters, and cannot be executed 
and ought not to be. If the community has 
outgrown a law, it is quietly left, to be neglect- 
ed by all men, or is repealed. Slave property, 
a is well as other property, must take its risks, 
s ind one of these is its neighborhood with a 
community which refuses to deliver up fuo-i- 
tives. 

We not only want a State Law on this sub- 



Mure Kidnappers About* 

We learn from a source we deem reliable, 
that five man hunters arrived in Boston, last 
Friday or Saturday, and are now stopping at 
one of our hotels. They have come to catcu 
fugitives. One of them is said to be from 
New Orleans, and this fellow, or one of the 
others, whose name we have, visited some 
acquaintance of his in Chelsea. 

It is also reported, that a man was seized in 
this city, Saturday, and carried to the Navy 
Yard ; but we cannot find any authority for 
this rumor. 



ject, but men who will execute it ; Governors, 
who feel themselves to be the independent 
chief magistrates of|independent States: Judg- 
es and Attorney Generals, who believe in 
the rights of ajState judiciary; Sheriffs who are 
willing to execute the only laws they are 
bound to know anything of, without a shiver- 
ing dread of ; some collision or conflcit which is 



The man hunt was the topic of discourse in 
most of the Boston pulpits, Sunday. There 
was a general expression of indignation against 
it. Seldom if ever before has there been such 
a crowd at the Music Hall to hear Rev. The- 
odore Parker. Every place in it that could be 
made available for standing or sitting, was oc- 
cupied, and many hundreds left, finding it im- 
possible to get in. We have published a full 
report of his discourse, and it seems likely to 
have an immense circulation. Our readers 
are too well acquainted with him to need an 



not likely to happen. 

But these things, — repeal or modification of invitation to read it. 

the law ; State laws and State officers, who The Boston Pbess of Monday. — The 

will execute them, we shall have to wait for. Courier is blessed not only with the meanest 

In the meanwhile, the war which President editors, but the meanest correspondents, of any 

Pierce, as General-in-chief of the slaveholders, paper in the city. One of the latter, " Civis," 

hasMeclared against the free States is likely to writes that " There have been many proud 

be carried on with vigor. The Tribune quotes d a y S f or Boston, but none, I sincerely believe, 

Mr. Toombs as saying that "bloodshed is a to make us prouder of our old Commonwealth 



necessary bapttism of all social changes in a 
State, which is to be expected in the present 
crisis." He expects bloodshed before he shall 
succeed in calling the roll of his/ slaves on 
Bunker Hill. And there surely will be blood- 
shed if the business of catching negroes is per- 
sisted, in. There is a way to prevent it. The 
way Mr. Hoar was prevented from bringing 
a suit in the South Carolina Courts. The way 
Abolitionists are driven out of Maryland and 
Kentucky. Notice to quit is eerved upon them. 
Such a notice ought to be served upon every 
slave hunter who appears in Boston, and by 
the chief citizens of the place. In Charleston 
and Norfolk, this is done by the leading men, 
who control the city ; "solid men," and not the 
radicals. Let it be so in Boston. If fifty men 
whose names we think can be found upon the 
petition at the Exchange, should determine in 
behalf of the people that there should be no 
more slaves taken from here ; no riots, no inter 
ruption of business, their will would be obeyed! 
In behalf of the Abolitionists, we venture tr 
say that they would be glad to see the work 
taken out of their hands. 

Cannot Boston men be as zealous for free- 
dom and peace and good order, as Virginia 
men are for slavery ? 



than this one." And he goes on to talk about 
the law of the land being calmly and delibe 
rately sustained against " traitors, maniacs and 
cowards." He is especially grateful to the 
military, who saved "our sisters, wives and 
mothers from outrage," and rebuked " the in- 
famous seditionist and the poor pitiable fana- 
tic, the lawless demagogues, the cowardly in- 
stigators to midnight assassination," &c, &c. 
The poor flunkey winds up with some affected 
indignation against those who passed the Ne- 
braska bill. Another writer, " A Hater of 
Mob-liberty," sends five dollars towards the 
purchase of Burns, and says that he " would 
have given fifty yesterday, rather than not 
have him delivered up." This exhibits his po- 
sition very accurately. He gives — 

For Slavery, $50.00 

For Freedom, 5.00 



Balance for slavery $45.00 

The Roman Catholic editor publishes a let- 
ter written by Brent to Suttle, dated March 
29, acquainting Suttle with the escape of "An- 
thony," and stating that he had not been seen 
since the 24th. The editor thinks this settles 
the question that the men who testified positive- 
ly that they saw Burns at the Mattapan Works 
and other places in this city, on or about the 



m~ 



first of March were mistaken. Even if the 11^ - — 

, . , r. ., .-i-' '"' V >- , k From the Women of Wobnrn. 

letter is not a forgery, it proves nothing but To Edward Greeley Loring, Commissioner: 

the escape of some man, whom the writer calls'* Then one of the twelve, called Judas Iscariot, 

" Anthony." There is nothing in it showing 

that the man who was carried off on Friday 

was the one who escaped. The evidence of 

Messrs. Whittemore and others, respectable 

citizens of Boston, is positive, that Burns was 

here in the early part of March ; yet this has 

to yield, in the Comber's estimation, to the 






went unto the Chief Priests, and said unto them, 
what will you give me and I will deliver him untni 
you? And they covenanted with him for thirt 
pieces of silver. — Matt, xxvi, 14-15. And thusi 
Christ was sold into the hands of his enemies. In 
imitation of the Arch Apostate, you have sold 
Christ in the person of Anthony" Buras. That 
your name will go down to posterity with the stain 
of blood upon it, is as certain as in the case of the 
betrayer of the Author of our Religion. 
It is not to this end that we send you the en- 



defence of the ruffians who attacked Mr. Dana. 
The Atlas has a letter from Hamilton Wil- 
is, which fastens upon B. F. Hallett the res- 
ponsibility of defeating the effort to purchase 
the freedom of Burns. Mr. Willis and Col 
Suttle had come to an agreement on Tuesday 
morning, and were about to commit it to writ- 



ing, when Hallett 
conversation with 



came in, and entered intc 
Suttle. Presently, Cuttle 



testimony of men who arrested Burns on a closed thirty pieces of silver, but in order to show 

confessedly false pretence of larceny, and \fj^ ™ »™£ ^t^n/our 

whose temptations were all towards perjury f view, no law can justify crime. 

and forgery. The editor also makes a quasi hi f " d a a " d fS™ e t i!?^^! 1, f J? ga J& he ' eceived 

rue pay irom the proper authorities. He even 

consulted with them before he came to his decis- 
ion. You sir, have acted in the same manner, — 
you have had your " band of men and officers" 
from the Chief Rulers, your Freeman, your 
Hallett, and together you have betrayed innocent 
blood; at your door also lies the blood spilt in you 
city. 

It is said that you have been in our beautifu 
town; we ask you never to come here again. Wi 
feel that we have been disgraced by your act, i 
the eyes of the world, and that we could not bea 
your presence. 

Sympathising with the inhabitants of your dis- 



an ;d it T miiQt withdraw what T hnvp rlnnP with! tnct > we aIs0 ask you to resign your office as Judge 
said, 1 must withdraw what 1 have clone with of p robate> We feel that the right8 ot the wido & w 

you." We both, says Mr. Willis, approached! and orphan cannot be safe in your hands. 

Mr. Hallett, w ho said, pointing to the spot! "t&E^Es^ ° f Wohma - 

where Mr. Batchelder fell, " That blood must y* 

be avenged." Whether the determination was f As the subscriberwTsTandmg 



>n,witnl 
n, near I 

n Hnm. 



the result of a despatch from General Pierce, ja number of other persons, to him unknow 

or was the conclusion reached by the uncon-J the south east corner of the new block on Com 

ceivably base mind of Hallett himself, is not mercial street, at the head of the passage in the 

yet known. On Friday, Hallett, " the avenger rear of the storcs on Lon S wharf > at tne time tne 

„,, , „ i -i i. ,,. .j fugitive slave Burns was carried by, he* was as- 

of blood, as he considers himself, again de- ,. , . , ,. '' , 

,i,:„. ,*. , , , saulted by a man who gave him a sword cut on 

feated the effort. Can language adequately the back of his left handj and who gave Ms name 

describe such a miscreant as this ? a s Capt. Evans, Co. A, and reported his business J 

The Chronicle has a moderate article, sus- to be to "kill just such damned rascals as youH 
j. • • +1,^ TVTo,r,™ T+ 4-Y..*oa * n M f „„ » A* e (meaning the subscriber) are." The assault wasfl 
taming the Mayor. It tries to set up a o^committld just before he (Evans) ordered his menj 
tinction which does not exist, when it says that to be in readiness to fire. The object of thisj 
"the State military was not nnder arms to ex- S^TST^K^S^J 
ecute the fugitive slave law, but to preserve to leave their names at 22 Union street. 
the public peace and order." The Chronichl LASKELL 

quotes a statement that Mayor Smith was 
braced up to the determination he came to by We take the following from the Aavermtr: 
Attorney General Clifford, who told him if he Jo %rg%^^X£lt Lo^wW, 
did not use his utmost endeavors to suppress - refused to all-"- ^i*. wharf to be used for the 
the riot, he wonld hare him arrested and — $ wli . gggSgBESSSSSSj 

brought to account within twenty-four hours, without consul u proprietors, was promptly 

The "Chronicle also rightly interprets Gover- /^charged .on : evening, and that Colorfel 






nor Washburn's speech, as sustaining the or- 
ders of the Mayor. 

The Times is endeavoring to excite ani- 
mosity against the Commonwealth, by its 
statements regarding the throwing of vitriol 
and red pepper from the "Commonwealth 
building." We deem it proper to state, as a 
matter of fact, that these articles were not 
thrown from this office, or by any persons con- 
nected with the office, and that some quantities 
were thrown from other buildings in the neigh- 
borhood. We regarded it as an ignoble kind 
of warfare, though we have not heard of any 
at pity or indignation expressed except by 
v,1 -o, like the writers in the Times, are 



I these 



Suttle was apprised of the decision of Commis- 
sioner Loring some twenty hours before it was 
given in Court, have no foundation in fact. 

The Herald has a card from Capt. Cass, of 

the Columbian Artillery, (Irish), in which he 

denies the story that his company volunteered 

He says they were ordered out. This is no 

doubt correct. This company did only what 

the others did, obeyed orders. No more blame 

attaches to them than to the whole regiment. 

I 
Weymouth, June 7. 1854, 
1 Last night an effigy of Commissioner Edward G. 
Loring was hung upon the sign-post in Weymouth, 
and found suspended from it this morning. Un- 
derneath was written, " Commissioner E. G. Lor- 
ing, a Northern bloodhound, bought for $10. 
Thus execration of the infamous deed spreads 
from place to place, and so Jet it spread, until the 
apologists of slavery shall hang their heads in 
shame. You may note the facts above stated iu 
the Commonwealth, if you please. 






Losing, the Kidnapper's Commissioner, was 
hung in effigy, in North Bridgwater, on Saturday 
night; the inscription upon the image, (which re- 
mained during the Sabbath,) was — 
" Commissioner Loring : 
The memory of the wicked shall rot." 



--.—."sV." 



CrntiOTtoedtl* 



B»8toa, Wednesday, Jnae 7, 1854. 



Four effigies were discovered suspended up- 
' on the common, in Worcester, on Sunday. They 
| were severally labelled, "Pontius Pilate Loring, 
| the uDjust Judge," "Ben. Hallett, the kidnapper," 
'"Caleb Cushing, the bloodhound," and "Frank 
j Pierce, Satan's journeyman." They were commit- 
ted to the lock-up. The Spy describes them 
thus : — 

" Mr. Cushing's eye -appeared to be as badly 
damaged as was bis leg in the ditch at Matamo- 
j ras. The mask had fallen from Loring's face, and 
displayed him as the hollow hearted sycophant that 
i he is. ' Forma Viris et prozterea nihil.' The form 
i of a man and nothing else. Hallett's spectacles 
i had dropped from his nose, but his countenance 
wore the usual fiendish expression, which charac- 
terizes the man. Frank Pierce appeared to have 
taken a drop too much, and we should judge that 
the circumstances under which he then was, 
would compel him to forego his usual practice of 
attending church twice on the Sabbath." 




Free Democratic State Committee. 

The office of the Free Democratic State Committee is at No. 
School street, (up stairs.) ; Entrance isTo. 1 Province 
treet. , 



^.-.ji.wi.i.m iiwjik—h iwnyTiina hi imm n nation 



Boston, June 5, 1854. 
To the Editor of the Commonwealth : 

Dear Sir, — Thousands have hailed with joy the 
decission to which the clergymen came, in (their 
meeting of Thursday last, to hold a Convention 
for the purpose of consulting together, and de- 
termining what their duty is in the present Crisis 
of Freedom. 

I now learn, however, with painful surprise, 
that the Committee of Twelve are inclined to fix 
upon Providence, or some other City remote from 
Boston, as the place where the Coven tion shall be 
held. It is quite certain, sir, that if this is done, 
it will diminish the interest which is felt, and pre- 
vent the attendence of very many who would 
come if it were held in Boston, and thus to some 
extent defeat the very object for which the Con- 
vention is called. 

Boston is the centre of Railroad terminatioi 
for New England. Here are numerous dailj 
} papers ready to spread the intelligence of what is 
done, over the whole land. Here, thank God, ye 
flourishes the Liberty Tree, andjhere, above all, th< 
spirit of Freedom has been recently and mos 
' fearfully Outraged. Here in one word are~Conceh 
trated all those incidents which are able by th< 
Divine blessing to give to such a Convention tin 
inspiration of an almost Omnipotent influence, 
know that I express the opinion of thousands, 
when I say that the Convention should by al 
means be held in Boston, and at the earliest prac 
ticable date, 

[ A Boston Pastor, 



To the Editor of the Commonwealth : 

Within a few days I have seen it twice itated in i 
print, that Thomas Simms, when he was sent to ! 
Georgia, by Commissioner Curtis, was whipped to 
death. The same statement has been substantial- 
ly made before, if I recollect aright. It is very 
reasonable to suppose that it may be true — or, that 
if he did not come to his death in this way, it was 
occasioned by scourgings and other tortures. 

I have all along felt a strong desire to know 
somewhat of the poor fellow, after he was doomed 
to bondage, and would therefore ask you whether 
you, orjany of your correspondents, know anything 
of the history of Simms after he was returned to 
Georgia — when and where he died, a*nd what was 
the cause of his death. The facts in his case, if 
truly and simply set forth by some one who knows 
them, would be of interest in the present state of 
public sentiment, and would point unerringly to 
the fate that awaits poor Burns. W. J 

-—The New Bedford Mercury calls for Loring's 
removal from the office of Judge of Probate. 



The "Military." 

The last fifer has fifed, the last " red coat 
with a little tail " has disappeared, and in the 
terse language of Ben. Hallett to Sydney 
Webster, " law reigns." We therefore feel at 
liberty to devote some attention to the conduct 
of the military for the last ten days, particular- 
ly to the exhibition they made on Friday. 
We have already quoted some things, both to 
their praise and disparagement. We have 
stated that many of the soldiers, under circum- 
stances of aggravation behaved in a discreet 
i and patient manner, and we are disposed to 
find all the excuses possible for different con- 
duct. We are told by responsible persons, 
that many of the soldiers disapproved and 
abhorred the business which they were requir- 
ed to aid ; and we believe this to be so. *At 
the same time the evidence is quite abundant 
that many of them did their "duty" with 
" alacrity." The speeches at the dinner of the 
Ancient and Honorable Artillery show no 
especial dissatisfaction with the work. It is 
stated that a large number of the Artillery re- 
fused to come out, because their commander, 
Hon. John C. Park had on Friday dressed his 
office in crape. Capt. Park alluded to this 
subject, and said (according to the Journal) 
that he did this as an expression of his grief, 
and of his political sentiments, but that he 
meant no insult to the military on duty. And 
he also said, that " when he heard that the or- 
ders had been issued on that morning, he said 
there were but two orders he had to give to 
any man doing duty on that day— the first 
was, in order to save his own neck, not to pull 
the trigger of his gun till he heard the order, 
and the second, if he pulled to be sure that his 
gun told home." "Told home" we suppose 
means killed somebody. We think no fault 
can reasonably be found with Captain Park, 
on the score of unwillingness to obey orders. 
Instead of the simple order " Fire " which is- 
all that has been considered necessary hereto- 
fore, he would amend it by adding—" and be 
sure that your gun tells home." 

At the dinner, Gov. Washburn spoke. All 
Governors are bound to go the military din- 
ners and speak. Next to the Cattle Shows, 
the Musters and Military Dinnersare the'most 
available places for our Governors to show off. 
A Governor would be but half a Governor if 



he discontinued attendance upon the dinners. 

Gov. Washburn has been to two within a 

week, and will go to two more, if needful. On 

this occasion he said pretty much what he said 

last week. He confronted the censure which 

had been cast upon the military. He added, — 

we quote from' the Journal : — 

* " I stand on this issue :— the relation which the 
military held then — and God grant may ever hold 
to the peace of the •community. We all know 
there are times when the military are needed to 
preserve the peace. They do not seek these occa- 
sions. You never saw members of the "militia 
mingling with the mob and endeavoring to stir up 
an excitement. They are always ready for service, 
but they wait for orders before they move. The 
Commonwealth has given the power to certain of- 
ficers to "call upon the military in time of need, and 
when those officers give the order, the soldier — if 
he is a soldier— obeys. (Great cheering.) 

•■{ He spoke of the order by which the military 
were called out on Friday last, and said he might 
do so with propriety, as it referred not to himself. 
The order came and the military obeyed ; they 
met promptly, and without stopping to ask what 
was the cause of the excitement or whether right 
was on the one side or the other, tbey showed 
themselves ready to obey their orders. Those who 
now blame the military for coming out then in 
obedience to the constituted authorities, and who 
greeted them with hisses and groans, do injustice 
to that body, and they will yet see cause to regret 
it. This he uttered not in the form of a threat ; 
there are among those to whom he had alluded, 
many whojjare just and generous men, and in their 
cooler moments, as just men, they will do honor 
to you as they have heretofore, and as is ever done 
by men who regard the peace of the community as 
of more value than the peculiar notions of any 
class. Thus much he owed to the military; and 
he ought to strip these epaulettes from his shoul- 
ders and go back to private life, if he could see as 
noble a body of men as he saw the other day in 
Boston and not stand by them. This was all he 
had time to say, and he would add that it was 
carrying out the history begun in the formation 
of the .company." 

The Governor's allusion to stripping off his 
epaulettes and retiring to private life, was of 
course a mere accident. It is impossible to 
suppose that the prospect of re-election was 
at all connected in his mind with the defence 
of the soldiers. 

His Honor, J. V. C Smith, also spoke, and 
complimented the military very highly. He 
gave as a toast : — 

"Boston— Its honor, its commercial integrity, its 
moral dignity and its influence are never in danger 
when tbey are entrusted to the keeping of its own 
citizens." 

This is rather a remarkable toast to come 
from one who had so little confidence in the 
citizens of Boston that he had to call out twen- \ 
ty-two companies to aid the hirelings of the 
United States in keeping them in subjection. 

But we have dwelt too long on this dinner. 
We notice in the papers, also, a meeting of 
the officers of the division, at which the hu- 
mane object of purchasing Burns was consid- 
ered. At this meeting the following resolve 
was passed : — 

"That while we regret the unpleasant duty 
which has devolved upon us this day, yet we hold 
ourselves in readiness as citizen soldiers, at all, 
times and at all hazards, when called upon, to sup i 
port the supremacy of the Constitution and laws 
of the United States, and of this Commonwealth." 

These officers are under no obligation what- 
ever, and it is no part of their business to sup- 
port the laws of the United States. They are 



State soldiers, at least until regularly called! 
into service by requisition of the President |\ 
upon their commander-in-chief, the Govern- 
or. But this resolve is only a specimen of! 
the deplorable ignorance which exists in re- ! 
lation to the separate rights of the State and 
the Union. 

It is of no use for us to protest against the ( 
doctrine of unhesitating and unreasoning obt 
dience, which is held to by such men as Gov. 
Washburn and Capt. Park, and many others 
of the best men in the community. There is a 
good deal to be said upon that side of the ques- 
tion. But while we do not propose to make any 
radical onslaught upon the military system of 
Massachusetts, which no doubt has its uses, we 
must say that in our opinion, for the last' few' 
years, it has " cost more than it come to." 'Just 
before the Mexican war broke out, the military 
spirit was going down here, and the musters and 
other parades were notoriously unpopular. 
Many companies died out, and but few if any 
newones were organized. At this time, for 
aught we know, society was as tranquil as it has 
ever been, before or since. Indeed there is 
very seldom any occasion for the appearance of' 
the troops as preservers of the peace. The* 
Mayor of Charlestown was considerably fright- j 
ened a while ago, but without any reason, and 
with this exception there has been no occasion 
for the soldiers for a long while. After the 
war, the military revived, but even now has to 
be kept up by the most vigorous nursing, and 
by legislative bounties. We believe that no 
less than half a dozen statutes have been passed 
every year for several years, for the purpose of 
keeping the system alive. 

But few people are aware how much the 
actual expense is. Over sixty thousand dollars 
a year are paid out of the State Treasury for 
the militia. And the public and notorious nui- 
sances styled encampments, in the fall, are of 
immense expense, to say nothing of the incal- 
culable injury to the morals of the population. 
The only purposes to which this expensive or- 
ganization has been put, tor several years, have 
been, 1st, to quiet the nerves of the Mayor of 
Charlestown ; 2d, to furnish fun for the boys ; 
and 3d, to help carry off a man into slavery. 
We think it is time to " calculate the value " 
of the Massachusetts " citizen soldiery." 

Holding Slaves in the Fbee States* 
The new programme c£ the slave power em- 
braces a resolution to establish slavery in the 
free states. The slaveholders openly boast 
that they will carry out this resolution, and to 
make this boast as insulting as possible, add 
that they will hold slaves on Bunker Hill. 
They are now using the "Lemmon case" toj 
begin the accomplishment of this purpose. It 
will be recollected that Judge Paine" of the 
Superior Court of New York, in accordance 
with all previous decisions of the same ques-j 






the writ. -of personal replevin, which would have 
taken Burns out of the hands of the Federal au 
thorities, and, as we understand the Massachu- 
setts laws, would have brought the case before a 
jury. Here was the pomr, where something could 
h-sve beVn done in behalf of substantial justice. 
The writ of personal replevin should have been 
served if' it had taken fifty thousand men to serve 
it. They would have been forthcoming if they 
had been wanted. But it would have taken no 
armed men, but only a little resolution, on 
the part of the Governor, to have vindicated 
the slave states, and that it cannot be decided the majesty of State law. But Governor Wash- 
. , „„ ;* „ nrn *i<na +T.110 fhn+ burn disregarded the public duties of Ms exalted 

otherwise, so long as it remains true that mim , suffered Himself to.be intimidated, and the 
slavery is a local institution with no warrant State to be humiliated by a paltry band of armed 
„ . . L x. ±u~ i~„~i Iottto if i,, ma mercenaries of the federal power, and pusillani 

for its existence but the local laws it has ere- mimg]y Bubmitted to tee rhe dignity and honor of 

a ted. the Commonwealth trod into the dirt. That abdi- 

' , i in „ •„4.„ n * +« Tio-tro +V10 cation of his proper functions tenches this lesson : 

The slaveholders now intend to have the j^sgaehusetts must put her Executive Govern- 

courts establish that, in this country, slavery is ment into the hands of men who will teach the 

There- slaveholders a lesson of State rights. This is her 



tion, decided that slaves brought into that 
state with their owner's consent, thereby be- 
came free. The Boston Advertiser . noticing 
this case, says, "it has been decided in this 
state, in New York, and in other free states," 
that this emancipates slaves ; but it should say 
also that the question has been sp decided in 



immediate and imperative 



duty. 



It is not the 



the rule, and freedom the exception 

fore although the "Lemmon slaves" were paid Federal Government that is the supreme authority j 

„ , , ., •■! /» >,„. .^Urin in this Confederacy; the real sovereignty lies in I 

for, and much more than paid for by subscnp- the Stateg Upou ^ questioris of pers * ns J libeny 

tion yet the question has been carried to the especially, the State authority is paramount, if 

„ , „ . n -vt -vi. a if v>no+ Q v. we are not misinformed in regard to the character 

Supreme Court of New York, and, it beaten of Massacllusetts law , rher( ? ia nothing needed 

there they will carry it to the Supreme Court now but an inflexible discharge of plain duty on 

/. ■;<--• xt •,_ j oi j. t,' -u „i^„^^r ^^^ Qrt fo +^ the part of the Executive, to forever put a stop to 

of the United States, which slavery^expects tc ^ ucl fp r0C eedings as have indelibly disgraced that 

find quite subservient to its will. 



This move- Commonwealth during the last week. 



The time 
should be 



r n j. • ~a t^„ +i„* T An .; iofnT>£ * 3 ftrt'y come when such an Executive 

ment is formally sustained by the Legislature p]aced in the Governor > s chair . But ^ if it De 

of Virginia. The case is still pending in Nev otherwise, if Massachusetts laws are yet insufli 

cient for the adequate protection of the Citizen 
upon her soil, let a legislature be chosen who will 
make such laws; and, if need be, let the people 
take measures to create a judiciary that shall give 
rightful interpretations to all law, federal and lo- 
cal. We are in the beginning of a radical move- 
ment, and must stop at nothing short of results. 
There is a great question in issue, between the 



York. We hope the Advertiser will conside 
it somewhat more carefully and speak of th 
infamous purpose of the slavery propaganda 
as it deserves. 



What the People Think or it.— The late in 

x. 4.1 „„ s^a +u„ ™~~i« „p-vr„„o« people of the free States and the slave power, and 
famous man-hunt has excited the people of Massa-^ n / or the other must completely triumph. It is 

chusetts from one end of the State to the other, a struggle involving the very existence of the free 
Men of all parties and classes are roused, and are States, as sovereign and independent States. It, 
expressing their indignation, and their de termina- is a s * ru Sgl e W0 5 th y °/ ^e ^ftiest effort, and de- 
^ b , ° .. '- ... ,. manding the sternest a*nd most uncompromising 

tion that such scoundrehsms of the slave power discharge of duty. If the Northern States do not 
shall not be tolerated on our soil. The citizens of deserve the chains of slavery, they will rise in 
Haverhill, Monday, again suspended effigies of the th eir might of civil and legislative authority, aud 
, t * „„„#*!,„ oi„-, a T,™™, «,* w„„t,;„~ overwhelm tho r e who give timid counsels at this 

leading creatures of the slave power at Washing- crisi8j and wm 4 *^ t th S n , selves upon ground wor- 

ton, and displayed them across their principal thy of free mef I "* d free States, 
street; and the poor creature who edits the Ban- Instead of ujia l ding the honor of the State and 
ner, having defended the business of man-hunting, its laws, what io we find Gov. Washburn doing? 
some of them expressed their disgust by suspend- He came down here on Monday, with a crowd of 
ing an effigy of him. He seldom gets so much at Worcester people, and we heard great rumors 
tention from the* public. From all quarters we! about what he was going to do. He must have 
hear Of intense feeling among the people. We no- uttered some manly sentiment at home, to induce 
tice that the Springfield Post, (heretofore hunker the Freedom Club to shout when his name was 
dem.) feels constrained to come out as follows :— mentioned. But the friends of freedom and State 

"We dono injustice to the South— we fait ei rights had nothing but the cold shoulder from him 
none in our love to the Union — we advocate nc I , „„ ,', '-~ 7 TT .- . ., ,.- 
narrow-minded sectionalism when wa proclaim, as after he reacned Boston. He got into a different 
our watchword hereafter, THE UNCONDITION atmosphere when he arrived here. An icy con- 
AL REPEAL OF THE FUGITIVE SLAVE LAW servatism enveloped and chilled him, if there had 



ever been any warmth in his soul. He talked to 



OF 1850. The present Congress has repealed the 

Missouri Compromise for the avowed purpose oi 

doing away with Congressional legislation upon the Bible Society, but said no word for freedom, 

the slavery question. Let it, for the same reason so far as we can learn. The next we hear of him 

^^SSS^^J^SSJ^^^^^ M 'T at peneral arouna t0 ' 

peal' should be the rallying cry of all parties, it contradict the story that he ordered out the troops, 
all future Congressional elections, till the deed and not many hours after, he was saying that the 
which humanity demands, which Christianity one who did give the orde rs, and the men who 
prays for, without which even-handed justice will , , ,., . ,. . , ... , , "■*»"" 
not be satisfied, is accomplished." obeyed, did right. And while the whole State 

was agitated by the intelligence of the infernal 

Governor Washburn .-In this crisis we sin- deed committe d on Friday, instead of humiliating 
cerely wish that we had a Governor who was good himself for the degradation of the State at the ' f J t 
for something. But Gov. Washburn, we are com- of ft Virginia slave driver, he went to am^tarv 

failure. The subjoined ex- jubU and repeated Ws lower law doctriD , '"Z 
xnuunt, ex. ^ duty . f un reasoningobedience to or*' P1N M „„ 
presses the real fact about his conduct :- | ia chusett8 has had many , crises w>' hin Vote ' 

It seems to tfs that the great omission of duty in rpnnirino- firmness— At* ^ ' 

the Barns case, was on the part of the Governor years ' re <i«irmg firmness-^ m t^ call upon her 
of the Commonwealth. He stood bv and saw the to furnish soldiers to fig^ fc Mexico, to the Simms 
Star* authority trampled under foot when the case; and now to ^ nis last indignity. She has 
United States aurhonties resisted the service d _ nf . h „A „ mfl „ . ^ « ° . , 

not naa a mar> % in the Gubernatorial chair. 

■»-^jlLshjj3- 



pelled to say, is a dead 
tract from an article in 









T*~, 



Fourth of July. — The 



. anniversary of - 
that sublime Declaration, in which our fathers ! 
affirmed the inalienable rights of man and pro- 
claimed their independence of tyranny, and to 
which they pledged their lives, their fortunes, and 
their sacred honor, occurs again about four weeks 
hence. It will be impossible for Boston, this year, 
to celebrate this anniversary in the usual manner. 
It would be an insufferable m ckery, like,- a 
dance of wild. mirth in the house of mourning, or 
like feasting and revelry over the coffin of one's 
father. We agree with a correspondent, who 
says, " With great propriety the people of Massa 
chusetts, and more especially we of Boston, may 
observe the coming Fourth of July as a day of 
fasting and; humiliation; instead of the firing of 
cannon and the ringing of bells, let there be minute 
guns on the common, and let the bells be tolled; 
and if there must be fire works in the evening, let 
a ferocious man hunt be the representation, to 
conclude with a show of the blazing effigies of 
Loring, Hallett, and the rest of those who 
d >omed Anthony Burns to slavery." 

There is in the towns and cities around us am 
inteuse feeling of the outrage and disgrace of this i 
infamous affair. The action of the Common 
Council of the City of Providence, shows how it is 
felt there. They refuse to celebrate the fourth i 
with festivities, and instead propose to have the 
bells tolled morning, noon, and night. 



"Thb> Avenger oe Blood. "—It is generally 
considered that B. F. Hallett was placed in rather 
a tight position by Hamilton Willis's letter. He 
has not yet made any attempt to extricate himself; 
but that mythical character, "H W. Allen of Lou- 
isiana," made his appearance in the Post yester- 
day with a card, the substance of which is, that 
Col. Suttle applied to him to estimate the value 
of Burns. He rated him as being worth $1200, 
and Suttle was satisfied with this, and it was sup- 
posed that the bargain would be closed. But on 
Sunday, a friend of Al'en, not a professional man, 
called upon him and showed him the statutes of 
Massachusetts, wherein it provides that any per- 
son selling a slave in Massachusetts is liable to 
fine and imprisonment. This law Allen exhibited 
to Suttle and reminded him of his danger, and 
Suttle therefore refused to trade. And Allen testi- 
fies that Hallett "was in no manner responsible for 
the failure of the sale." He closes by announcing 
that he shall be at the Brattle House, in Cam- 
bridge, for a month, and is authorized by Suttle 
to sell Burns, if any body is disposed to purchase. 
We have all proper respect for Mr. Allen's legal 
opinions, but in this case we have no doubt he is 
in error. Commissioner Loring, who drew up 
the necessary papers for manumission, was of a 
contrary opinion. I ; would have been better for 
Col. Suttle to have relied upon Loring's judgment. 
Hallett himself, or even Parker, would have been 
a safer adviser. It seems that Allen has so little 
confidence in his own opinion of the law, that he 
is willing to do what he advises Suttle not to do, 
viz : to sell Burns. He runs no risk whatever. 
The attempt to exculpate Hallett from the guilt of 
stopping the negotiations, is a failure. Mr. Willis's 
Statements remain uncontradicted. 



ggp It is said by those who have carefully inves 
tigated the subject, that the betrayal of our Saviour 
by Judas Iscariot was conducted throughout in 



The Mail and Times.— The Mail comes to| 
the rescue of the Times, in its futile attempt to ex- 
cite odium against the Commonwealth. We copy 
from it the following : — 

"Futile Evasion. — The Commonwealth newspaper, 
defending itself against the dastardly act of throw- 
ing vitriol and red pepper from the windows of 
that establishment on the military, last Saturday, 
says : — 

'We deem it proper to state, as a matter of fact, 
that these articles were not thrown from this office, 
or by any person connected with the office, and 
that some quantities were thrown from other build- 
ings in the neighborhood.' 

"We deem it proper to state, that three men, 
who have a reputation for iruth infinitely above 
that of the editor of the Commonwealth, saw the 
act perpetrated by persons in the premises occu- 
pied by that establishment, and who are prepared 
to identify the base cowards." 

We repeat what we before stated ; that none of 
these missives were thrown from this office, or by 
any person in any way connected with the office. 
And we defy the Mail to produce any evidence to 
the contrary. Furthermore, we will state, that we 
forbade the throwing of thes,e articles from the of- 
fice, or by any persons connected with it. That 
pepper, and perhaps vitriol, was thrown from the 
second story below our office, we have not denied, 
arid have no reason to doubt. But those premises 
are no more under our control than are the rooms 
in any other building on State street. 

The Times has a false statement as to our denial, 
and then boldly offers to prove— what we have riot 
denied, viz : that offensive articles were thrown 
from the Commonwealth building. We have suffi- 
ciently explained this in reply to the Mail, and 
shall not waste words upon the Times. Its affected 
indignation at being charged with taking the pro- 
slavery side for pap, will excite only a smile among 
its readers. We have no reason to doubt thai 
where there was no pay on one side or the other, 
■instinct would induce the concern to take the side 
of oppression and villany, but we know also that 
it has been paid for taking the right side, and that 
it now receives pay for upholding a vagabond ad- 
ministration and an infamous law. 






a 



jtrictly legal manner. JNo law was violated, ex- 
cept by Peter, who cut an officer's ear off. 



Got. Wsi8ajl>3sra on Mam MusaSitag. 
The Journal gives a " full report " of Gov. 
Washburn's speech, at the supper of the Inde- 
pendent Cadets, Wednesday last week. We 
extract from this report all he said to sanction 
and encourage using our volunteer militia to 
help catch and carry off fugitive slaves. Here 
| it is :— 

f "Times may have changed, and opinions may be 
in advance of those that once prevailed, but, con- 
stituted as our government is, with, the thousand 
exciting causes that are always at work in our 
community, with the sparse and feeble police 
which the law provides, he did not hesitate to say 
that without a military to fall back upon in the 
last resort, he did not believe that the government 
and the laws could be long maintained. 

The incidents of this very week, in this very 
city, and now going on around them, was a pain- 
ful proof of the truth of what he had said. 

They had heard threats of violence and of a re- 
sistance of law, and to meet the fearful conse- 
quences of an outbreak of excited feeling, the 
Mayor had called on the military to preserve the 
peace, and with a spirit and patriotism, just such 
as the public had a right to expect, the troops had 
responded to that call with a promptness which 
could not be too much commended. 

He had seen in some of the newspapers, that 
some of those who had been exciting and inflam- 
ing the public to resistance, had asserted that they 
had the sympathies of the Governor with them. 



ine cnarge is laiso. me mwu uues not uve i 
who ever beard him, directly or indirectly, coua&el i 
or encourage a forcible resistance to law. lade- ; 
pendent of what was due from him in hfs official 
position, he could not, as a man, be so lost to a 
proper sense of self-respect as to countenance su<h ; 
1 a doctrine for a moment. Whatever might be hi* [ 
sympathies with an individual who mav be made 
?o suffer under the action of a law;" whatever 
might be his opinions of the wisdom or justice of 
a law— while it was a law it must be obeved. No 
man would counsel otherwise who is not ready for 
a revolution. The remedy is to be sought in 
another way— it was at the . ballot-box— in was to 
change the Jaw makers— it was to repeal, not to 
resist a law, if we expected or hoped to maintain 
our Government as a free people. 

God knew that as a legislator he never could have 
consented to the passage of an act with such pro- 
visions as some of those which are incorporated 
into the law which indirectly had given rise to the 
scenes they had been witnessing. And as a citi- 
zen he would go for its repeal. But he would re- 
peat, so long as it was a law, no man who was not 
reaay for a revolution could counsel a popular re- 
sistance to its enforcement. 

These were his sentiments, and as their militarv 
superior he called on them to stand by and main- 
tain the laws and the peace of the Commonwealth." 

That speaks for itself. Let us examine it a 
little. It will be noticed that Gov. Washburn 
very earnestly denies what has not been said. 
He tells the Cadets that he has been charged 
with encouraging "forcible resistance to law," 
and says " the charge is false ; " but this is not 
what was said of him by citizens of Worcester, 
who believed they knew what he thougkt of 
the slave-hunt before he arrived in Boston. 
They said only that he would execute the laws 
of the State, and not allow them to be trampled 
underfoot ; that his influence would probably 
be given to enforce the writ of replevin ; and 
that he would not tolerate an illegal use of the 
State militia. Something more was said of 
his views of the business of man hunting ; but 
no one reported that he was in favor of " popu- 
lar resistance " to the fugitive slave bill, or ; 
that he would do anything more than faithfully , 
uphold and execute the laws of the Gtate. He 
did not do what they said he would do ; he 
did not even remain silent and leave the busi- 
ness with those who had it in hand ; but we 
see in his speech to the Cadets, that he actually 
volunteered to give his whole influence to sus- 
tain the man hunters. Let him have the credit 
of it. 

He told the Cadets, in plain terms, that they 
were called out to help execute the fugitive 
slave bill ; and, " as their military superior, he 
called upon them to stand by and maintain " 
it. No other law had been denounced. No 
other law had provoked threats of resistance. 
The militia were not out to uphold any law of 
the city or State, for no such law had been 
threatened, nor had there been any « distur- 
bance of the peace of the city," which the po- 
lice could not quell with the utmost ease. 
They were out in the service of the United 
States as slave catchers, not legally called into 
that service, but thrust into it by our imbecile 
Mayor, in utter disregard of the forms and re- 
quisitions of law. This is what the Governor 
sanctioned, if the Journal gives a correct re- 
port of his speech. 



One thing more in this report of his speecn 
deserves notice. Gov. Washburn seems to be 
afflicted with a very painful and troublesome 
distrust of the people and their capacity for 
self-government. He professes to believe "the 
government and laws" would soon be overturn- 
ed by the people and whirled into the untold 
horrors of riot and hopeless anarchy, " if we 
had not a military to fall back upon ;" and he 
saw " a painful proof of this in the stir of in- 
dignation excited by the rascally business of 
man hunting. If the Journal reports him 
truly, he actually said this, as will be seen in 
the extract we have copied above. But we 
will not pursue the subject further, at present. 



The Mayor aiad General EcIsKaisda. 

A good deal of doubt has been expressed 
among the people of this city and by the press, 
whether the functionaries named above have 
not exceeded the authority vested in them. 
The Transcript has an article on this subject, 
from which we quote the following : — 

"By Massachusetts law, no Mayor alone can or- 
der the troops called out to enforce the laws, to 
fire upon the people. That great power is only 
given to the Governor, the Judge of any Court of 
Record, or the High Sheriff. Of civil magistrates, 
other than the three classes above named, orders 
from two are required before arm3 can be used to 
disperse any unlawful collection of people. The 
law places mayors and justices of the peace upon 
the same footing in respect to this matter, and 
they must be on the spot, so that the military, in 
the language of the statute, can 'there receive' or- 
ders from the civil magistrates. 

"In this view of the case, the gallant conduct of 
Major John C. Boyd in countermanding the order 
to fire given by Capt. Evans of the Boston Artille- 
ry, saved us from the evils incident to such usur- 
pations as mentioned above. Massachusetts has 
thrown around her citizens the most ample legal 
protection against the inconsiderate action of those 
dressed in a little brief authority/' 

The Mayor alone, by section 27 ch. 92, Stat, 
of 1840, (Supp. to R. S., page 175.) is author- 
ized to call out troops "to aid the civil authori- 
ty in suppressing such violence and supporting 
the laws ■;" but this statute nowhere gives any 
authority to the Mayor respecting the emer- 
gency in which he may order the troops to Jire 
upon the people. To ascertain this then, we 
must refer to the only other statute provision 
concerning this matter, which is found in It. S. 
ch. 129, sec. 1, which directs, that "it shall be 
the duty of the Mayor, &c, to go among the 
persons so assembled, or as near to them as may 
be with safety, and in the name of the Com- 
monwealth to command all the persons so assem- 
! bled immediately and peaceably to disperse," 
] &c. The fifth section of the same chapter goes 
on to provide for the case in which the military 
have been duly called out in the manner pro- 
vided in the 12 th chapter. It is made the duty 
of the military to obey the orders of the Gover- 
nor, Judge of a Court of Eecord, or Sheriff of 
the County, that they may have received, 
" and also such further orders as they shall there 
receive from any two of the magistrates or offi- 
cers mentioned in the first section." 



t 



—■ 



by reason ^, ., ...,..,, 

I he owe no duty as an individual man to his fellow 



Section six then provides, " 11 

any of the efforts made by any two or worsen, and to his God? Is it his -duty- to accept 
of tU said magistrates or officers, or by their m offlc<5 in which he must agonize the hearts of 
direction, to disperse such unlawful rioters or black men and women, and arouse the souls of 
tumultuous assembly, or to seize and secure white men and women to the dreadful pity and 
the persons composing the same, who have re- cold > silent fut 7 tDat gathers slowly and bursts in 
fused to disperse, though the number remain- tbe toraado of revolution? Is it his "duty" to 

;„„ ™ n „ u~ i~„„ 4.- „ x i -l shock the moral sense of the community by an act. 

ing may be less tuan twelve, any such person,,,. -, , i . *■ . , 

' i 'declared monstrous and. inhuman by the prayers 

or any other persons there present as specta- and tears of ' multitudes, as well as by the stern 
tors or otherwise, shall be killed or wounded deep choru= of maledictions that swelled and roar-; 
the said magistrates and officers, and all per- ed on Friday through the streets of Boston ? How 
sons acting by their order or under their direc does such "duty" show, measured by the golden 
tion, shall be held guiltless and justified in rule? No! This Commissioner stands as the ex-. 

!„_» ^ >pu„„ •+ ,„mi v. it, i z ecutor of a hideous and cruel statute, entirely bv 

law, dec. lhus, it will be seen, that an ordei .> „ , , , , T ' 

, ':• ... . fiis own free will and acceptance; and Massachu- 

can be given to the military to charge or fire ^ who9e humanityhe has pierced through and 

only by the direction of some two or more © through, will hold him responsible for the results 
the civil officers named, and that only after' consequent upon the acts of his official position 
they shall have, in person, and on the spot, or- Give his conduct whatever gloss is possible, bisto- 
dered such assembly to disperse. r Y wil1 onl y know him as the Commissioner who 

We learn that the order given by Captain sem back Anthony Burns. History will only re 
„ , n . „ , , member in the record of his deed, that Jud^e Jef- 

Evans to fire was m pursuance of the general ^ also _ witn a less polished brutalitv", it is 
orders of Major General Edmand3, and not by trae> but with an equal inflexibility,— performed 
authority of the magistrates named. General 
Edmands has clearly usurped a great power, 
and should be held to a strict account. 



CoEJasaisaiosaeE' I^oring assd His Cs'Ime 
agaimst Eugissawityo 
The Boston Journal, in an article to some extent 
humane, although weakened by the unhappy 
moral cowardice which characterizes that paper, 
remarks, in relation to the terrible event of Fri- 



7us"duty"! 

If ever there was a legal alibi sustained, this 
case sustained one. It ever there was a case in 
which the law allowed the entire unimpeached 
testimony for the defence to be set aside, and the 
confession said to have been made in this case by 
the prisoner to his claimant— and if so, surely 
made under intimidation — to be substituted as the 
basis for a decision, we have yet to hear of it! The 
rebutting evidence, even of this nature— the con- 
tradictory declaration made by the prisoner, when 



day 
"We do not doubt that Commissioner Loring! he was not under intimidation, to Messrs. Phillips 



has honestly and conscientiously fulfilled the uo 
pleasast duty which was devolved upon him, and 
while regretting most profoundly the result of this 
examination, we have no disposition to censure 
his course, or to criticise his decision. It is the 
law, and not its ministers, upon whom this act 
must be charged. The obloquy attaches to the 
law, and not to those whose duty absolutely requires 
them to enforce it. The distinction is broad and 
well defined, and must force itself upon the con- 
viction of every unprejudiced mind." 

Fletcher of Saltouu has said that " every 
true man will at any time willingly die to serve 
his country, but he will not do a mean act to save 
her!" "We commend the sentiment to the Journal \ 
and to the Commissioner whose cruel decision it 
attempts to palliate. We are willing to leave it to 
the common sense of the world whether the 
rendition of a man into slavery is not, as 
we afllrm, a mean and wicked act, and based on a 
principle of servile obedience to the wrong that 
majorities crystalize into statutes which no inde- 
pendent and high minded man can acknowledge 
or uphold. How strange the curious net-work of 
casuistry in which men manage to entagle the 
simplest question of right and wrong. If obloquy 
attaches to the law by which a man is robbed of 
his liberty, then obloquy attachas to the man who 
executes the law! Why hesitate to call him who 
puts a sin into operation, a sinner? Why divorce 
the criminal from his crime? Why refuse to hold 
the deliberate agent accountable for the conse 
quenees of his acts ? He who does an act to which 
obloquy can attach, does a vile act, and he who 
does a vile act, the unbiased sense of all men 
declares to be a villain — unless a necessity 
too absolute to be withstood compels him to its 
performance. What necessity compels Mr. Loring 
to the execution of a law to which "obloquy at- 
taches"? What necessity compels him to hold 
the office of a United States Commissioner? Does 



and Pitts, and published by them, was not allow- 
ed any weight whatsoever. Such is the manner 
lu which Mr. Loring "has honestly and conscien- 
tiously fulfilled" his "unpleasant duty!" 

This is the verdict Massachusetts shall bring 
against him. Edward Greeley Loring, Fugitive 
Slave Bill Commissioner of the United States, by 
his own free will and acceptance— against the law 
and the evidence, and against reason and justice 
and humanity, has sent a living soul, fashioned in 
the image of the Most High God, and incarnate in 
a Man, back to the sorrow and darkness of Slav- 
ery ! He has sent him back to be the dull, cowed 
vassal of a power, whose tender mercies are cruel ; 
beneath whose savage scourge Thomas Simms ex- 
piated his crime of liberty, by giving up his life 
with shrieks of mortal agony to God ! He has 
sent him back to the possibility of the same doom! 
For this the heart of humanity shall outlaw and 
hunt him, and his name and memory shall be gib- 
beted forever ! 



Mr. 



[For the Commonwealth.] 

South Reading, June 3 1834 
Editor: — Dear Sir, — In haste, I write 10 in 



form you that the bells of So. Reading were tolled 
at sundown last evening. Great excitement pre- 
vails here This morning, an effigv of Commissioner 
E. G Loring was found suspended on an elm treq 
on the Common. After taking him down, a large 
number of the citizens gathered together to 
view the lifeless remains of the mtfh who has soW 
himself to the kidnapper. A large placard was 
attached to his hat on the outside, bearing his 
name, and in the inside the following letter was 
found : — 

" In consideration of the base, treacherous, and 
wicked act f bar, I have this day committed; and 
knowing the sting of conscience, and the publie 
scorn that will be sure to follow me. I have deter- 
mined to rid society of my hateful presence.. JS. 
G. Loring, June 2J, ISM." 

Yours, &c, Justice. 



To the Editors of the Commonwealth: — 

As one of those who have used every just means, 
short of an organized and armed resistance, to de- 
feat the execution of the Fugitive Slave Act in 
Boston, during the past week, I ask for a anon 
space in your paper to make a few remarks. I 
will say that I have taken no part in any violent 
assault or plan of systematised resistance, simply 
because I could no*, separate such acts, in their 
probable consequences, from civil' war, and be 
cause I did not believe that Massachusetts was 
yet ripe for the revolution which it seems to be 
the deliberate purpose of the slave power to forcf 
upon the free States. Let me add, however, that 
with, I believe, a great majority of this communi- 
ty, my chief regret for the outbreak of Friday 
night, is that it was unsuccessful. 

The first fact to which I wish to call attention 
is that Burn3 was carried hack as a slave^ not by 
the power of the United States, but by the civil 
and military power of Boston and Massachusetts. 
volunteered for this purpose. I am confidant from 
observations and facts within my knowledge, that j 
the United States force on the ground could never; 
have reached the head 6T State street with their 
prey, if they had not had the streets cleared and 
defended by an overpowering force of Massaehu 
salts military and police. We have been con 
queredby the prostitution of our own arms of de- 
fence to the unneccessary work of kidnapping. 

It is also believed that the military were called 
out illegally by the Mayor, Jerome V, G. Smith. 
If this is true, I trust that every person injured, per- 
sonally or pecuniarily by the acts of the military, 
will bring either civil or criminal suits, as the case 
may be, against the party legally responsible, 
whether it be the Mayor of the- city, Gen. Ed 
raands, or the officers or privates imniediafely con- 
cerned, in order to punish those guilty of putting 
Boston under martial law, for the purpose of aid- 
ing the United States in carrying off a fugitive 
siave. 

I have one word to say of the slave Commission- 
er. Edward G. Loring. ' In his Opinion he has at 
tempted to excuse himself on the ground that it 
is better that a good man rather than a bad one 
should do a felon's deed, because he will do it 
mercifully. It is from the same implication oi 
good num. in the slave system which alone makef- 
it possible for Slavery to exist an hour in America 
If it were not for the "kind masters," the Christian 
men and women of the South, (slavery aside,) the 
infamous institution would not this day be under- 
mining our reverence for the name of law, break- 
ing our peace and perilling the Union of this great 
republic. The " good " slave Commissioner, who 
casts his virtue into the scale of kidnapping, is 
vastly more responsible than the man who is in 
all respects the fit tool of Slavery. 

In conclusion, I wish to place in the pillory oi 
public opinion, the names of the following men : 
WATSON" FREEMAN, EDWARD G. LORING 
BENJAMIN F HALLETT, EDWARD G. PAR 
KER and SETH J. THOMAS, as foes to the 
peace of this community, and traitors to Massa 
chusetts freedom. 

Truly yours, Wm. F, Chaining. 

Boston, June Ath, 1854. 



RICHMOND EXAMINER. 

TUESDAY MORNING, JUNE 6, 1854. 



End of the Boston Slave Case. 

The concluding proceedings of this case are 
detailed in another column. The energetic action 
of the President, the strong arm of a faithful Ex- 
ecutive, has done that which there should have 
been, but was not, patriotism enough in Boston to 
effect. The law of the land has been maintained 
in the face of the most furious, though most cow- 
ardly, opposition it ever before encountered. 

Some of the minor incidents of the case, set- 
ting forth the character of Boston in bold relief 
for all time and all history, were a cowardly mur- 
der of one man by several thousands ; the shame- 
less perjury of a dozen paid witnesses ; the knock- 



ing down in the dark with a slung-shot ol a coun- 
sellor at law who had simply but faithfully per- 
formed his professional duty ; and the hanging in 
effigy of certain officers of the law, with inscrip- 
tions appended in keeping with the thread-bare 
wit and cowardly act of midnight effigy-hanging. 

We know nothing in all history capable of ex- 
citing so deep a disgust at the pusillanimity and 
meanness of spirit of any people, as these craven and 
sniveling proceedings at Boston. A mighty in- 
dignation, expressed and exhibited in a thousand 
forms and modes, was silenced and subdued 1 at 
the sight of an ordinary military parade. A hun- 
dred thousand indignants, excited to the point of 
murder and madness, became as gentle as so 
many sucking doves before two hundred militia 
and marines. If the rioters, murderers, perjurers, 
preachers and solid men of Boston really believed 
themselves bound by humanity, divinity, the high- 
er law, and the other many things sacred and 
profane, which they are in the habit of invoking 
— to resist the execution of the law — to quit their 
daily avocations, beset the temples of justice in 
howling mobs, swear false oaths upon the Bible 
at the witnesses' stand, and shoot down officers in 
the dark — they were also bound to go a step far- 
ther and to drive the handful of troops that op- 
posed them out of town. In the presence of a few 
muskets, however, their humanity and indignation 
became perfectly tame and their courage oozed en- 
tirely out attheir fingers' ends. A handful of soldiers 
marched triumphant and unmolested through the 
chief streets of outraged, indignant Boston, taking 
along the negro whom the people declared them- 
selves religiously bound to rescue at every cost 
and risk. What a commentary is this upon 
the spirit and courage of Boston agitators. They 
have succeeded in demonstrating in all they hare 
done at least this, either that their indigna- 
tion was all rhodomontade, sounding brass, and 
tinkling cymbal, or that the valor, "manhood," en- 
thusiasm for liberty and courage of the solid men 
of Boston, were all moonshine. To pretend that 
the Boston people are actuated by the spirit of 
the heroes of Bunker Hill is to slander the grave. 
They should have hung Bunker's Hill Monument 
in mourning as they hung their streets. 

No Southern man, however he may be disgusted 
at the pusillanimity of the actors in these Boston 
scenes, will be satisfied with the result of Tony's 
case. It is demonstrated that so far as Boston 
and Massachusetts are concerned, the laws of the 
confederacy are nullified, the constitution abroga- 
ted, and the Union virtually dissolved. The Fu 
gitive Slave Law was pronounced by the South 
in 1850 to be tho test of the continuance of the 
Union. It was not a compromise measure. It 
was not a concession from the North, (as other 
measures have been on the part of the South,) in- 
duced by motives of amity and fraternity. It was 
our right under the Constitution. It was due to 
us by. the express terms of the compact of Union. 
It was enacted from the necessity of the case, in 
order to enforce the constitutional claims of the 
South, long shamefully disregarded and denied. 



The Fugitive Slave Law is not on the looting of 
the Missouri act, or of any compromise mea- 
sure of legislation dehors the Constitution. It is 
a part of the Constitution, of equal dignity, sacred- 
ness and inviolability. Resistance of the Fu- 
gitive Slave Law is resistance of the Constitution 
itself. Denying the claims of the South under it, 
is denying her equality in the Union, degrading 
her character, and adding insult to injury. 

This is the effect of the recent action of Bos- 
ton, and of Massachusetts who stands at her back. 
The meaning of the whole transactions there, last 
week, is, that she sets no value upon the Union, 
contemns the Constitution, and hates the South. 
The sum and substance of it all is disunion — dis- 
solution. 

Abolition papers, many Northern papers, an- 
nounce that the feeling manifested at Bos- 
ton is common to the whole North. If this 
be true, and if the South is to be denied 
her plainest and most undisputed constitutional 
rights except at the point of the bayonet, what is 
the Union already but a rope of sand ? If a 
standing army is become necessary to enforce the 
Constitution and the laws enacted in pursuance 
of it, it is time to arrange the terms oi dissolution 

That is in fact the issue proposed by the aboli- 
tion leaders who were the chief fomenters of the 
Boston sedition. They have already resolved that 
dissolution shall be the practical issue of the 
country henceforth. The less violent of the abo- 
lition party propose Repeal of the Fugitive Slave 
Laio as the test — which means nothing more 
than flat nullification of the Constitution — which 
means dissolution. The Boston mob only antici- 
pated the result proposed by the party of which they 
are a part. They only endeavor to effect by se- 
ditious outbreak, by formal perjury and street 
murder, what the abolition party propose to ac. 
complish by partisan ^agitation and legislative 
agency. It all means the same thing. It is all a 
erusade against the Constitution, the Union and 
the South, The manner and place of accomplish- 
ing the work, is of small moment to the South, if 
the work is to be accomplished, and if the general 
sentiment of the North is in favor of the work. 

The South has no cause of congratulation in 
the event of this case at Boston. The law was 
maintained ; but not by the force of a wholesome, 
conservative, loyal public opinion. It was main- 
tained in defiance of public opinion, and in the 
teeth of popular tumult, It was maintained at a 
«ott to the country of a sum reckoned at thirty 
thousand dollars, the greater part of which the 
South must pay, and the whole of which seditious, 
penny-wise, Boston will receive. A victory of this 
sort is too expensive to be of any value; and costs 
too great an exertion of power to be palatable to 
any man's patriotism. 

The patriot is left, in view of this case, but one 
hope ; and that is, that there is but one Boston at 
the North, and but one Massachusetts in the 
Union, — that among all the States and communi- 
ties of the confedera3y, Massachusetts is the one 
Arnold, Boston the one Judas. 



« > « * 



Free Soil and Mob Law. 

The streets of New York, Boston, and other 
Northern cities, are daily exhibiting the beauties 
and blessings of free society. Their reformers 
have been expending for many years some money 
and a great deal of philanthropy, in aiding black 
negroes to flee from their Southern homes and 
rash into the seething cauldrons of Northern free- 
dom and licentiousness. They have been less 
earnestly and eagerly receiving, welcoming, and 
jgaluing at a thousand dollars a head, the hordes 
of foreign nomads who have fled from aristocratic, 
exhausted and senile Europe, to enjoy liberty, free 
farms and social equality in America. The ter- 
rible condition of society, where the abolitionists 
most, do congregate who are so concerned about 
the mote in the eye of Southern society, is mani- 
festing itself more and more alarmingly everj 
day. Mobs, outrage and murder, are the order o 
the day at the North. Fugitive slaves and foreig 
emigrants are becoming the ruling powers i. 
Northern society. The one have got control in Bo t 
ton, and the other carry the day in Brooklyn. 

Desperate diseases require desperate remedie 
The Know-Nothing organization — secret, disoi \ 
ganizing, seditious, bigotted, reckless of law 
of human' life, and of social consequences, has 
been established to keep foreigners down and 
under foot. The necessity of such a remedy proves 
fee dangerous extent of the disease. 

They have no popular organization as yet, how- 
ever, to put down in-flocking negroes and fugitive 
slaves. They are still received with open arms, 
and no matter how black the color or strong the 
odor, with warm embrace. Indeed, Northern re- 
formers prefer the Southern negro, educated to 
submission, obedience, industry and respectable 
deportment, to the bestial, coarse, revolutionary, 
lawless foreigner. The good manners and habits 
carried by the negroes from the South, will soon 
leave them however, and their white husbands, 
wives, paramours and employers will soon learn 
that these good qualities like their color are but 

",skin deep." 

The European-emigrants whom Greeley values 
at a thousand dollars a head, are really better stock 
than the African. The latter,when free, deteriorate 
towards their original African brutality, the former 
rise and advance towards their original, normal, 
proud,elevated,noble Caucasian nature, if all mem= 
bers of society are, as at the North, to be equal, 
then we should prefer European emigrants as 
companions and sharers of our political destinies. 
If, on the contrary, society is so constituted (as at 
the South and as shown by the history of all ages 
of the world,) that a portion of its members must 
be subjected to the other portion, then we prefer 
an inferior race, like the African, to occupy that 
position, a race whose nature, moral and physical, 
is elevated by the civilization of which he enjoys 

the benefit. 

The abolitionists and rich classes ot the North 
take the other view of the subject, and for very 
good reason. They pretend to welcome though in 
fact they abhor, hate and fear the European em- 



jgrant. They cordially and sincerely invite and scnooi aays, ana wnicn Drought back many of tne 

/> • ,.• i , ,, r happiest scenes of the past ! What were the v our 
receive fugitive negro slaves amongst them, each fn /l n r1o „ _„„ f F " . wcie , e -\ ° uc 

,...". f ri ' ■■ . ■■.U.-° ' ,. f° l to «ay, men from every profession and calling 

one thinking himself benefated m his estate and his , in New England, with bayonet and loaded musket? 

household and farming operations to the value of To say to their fellow-countrymen, our sisters, 

Ofie thousand dollars for every negro that accepts wives an( J mofche f are safe from outrage; our 
,. ,., . -,, . ... .. ■£ v i a homes and property guarded from the incendiary 

his philanthropic patronage, He breaks down and ru ffian, and ourselves from lynching and tyr- 

white "Trades Unions/' with the negro. He loves anny. The infamous seditionist aiid the poor, 
to domineer as domestic lord, and Cuffee is the P itia ble fanatic are alike rebuked by this grand 

, i , mi -At *!. 4. *. i demonstration. Ihere was not one soldier nor - 

only human creature who will indulge that tern* one po i iceman t00 many . every volunteer iu the 

per, state would not be loo many to march slowly 

The classes at the JM orth who patronise and wel- before the eyes of the lawless demagogues, the 

come the negro are the classes most interested in cowardly instigators to midnight assassination, 

4 ., .. Pi , zy i thrusting the wounded public dignity down their 

putting down the price of labor—the classes most throatSj and dragging their vaunted honor in the 

antagonistic to the mechanical and manufacturing dirt. Though their manhood is proof against 
laborer. Northern papers carefully keep these s h ame » and their obtuseness superior to that of the 

± i r ±.t j \- ^• j • ostrich, vet 1 think they will hardlv affect to Dli°-ht 

truths from the democratic working men and emi- Jvls_ hn ~ n „ • ;v o+ J „ , , •, , l P 1 ^ 1 ^ 

° then honor again that our laws shall be set at 

grants around them, because they would expose naught, and the Constitution trampled on. 

the tricks of the capitalists who support news- Was there a man, of all the host that came forth 

papers, and cheat, rob, and oppress labor. The-!?- day K ? ro ™ the bo3oms of their families, who 
\ * ' -,!.,,', • -, n , thought of slavery as a matter for like or dislike, 

rich men and their tool, the press, invite Southern w h, i et his inclinations weigh against his duty to 

negroes to abscond, and foreign paupers and crim^ his country ? Not one, I hope ; yet there are but 

inals to emigrate to the North, in order to make la- fev Y_ o£ us who do not feeI the institution of slavery 
. , j , -, , . , j ,, to be a monstrous anomalv and a blot on the 

bor cheap and abundant, and to put down the wa^ J American name , who do not pray , if they pray at 

ges of the poor. But they vastly prefer the ne- all, for its erasure from our otherwise glorious 
Seward proposed to Governor Smith to ex 1 escutcheon ; certainly, for myself, I would forego i 



gro 

change ten thousand Irishmen for as many fret 
negroes; but Governor Smith saw no wit anc 
much brutality in his remarks, and treated then 
with indignation and contempt. Who is Seward ' 
His name is not historical ; — a wretched parvenu 
like the most of the rich at the North where mean 
ness is the road to success, where society is invei 
ted and the meanest are uppermost. 

Mr. Jefferson saw and said that the working 
men of the North were the natural allies of th 
South. We of the South propose to keep on 
slaves at home to produce the raw material to b 
manufactured by Northern laboring men. W 
think white men the superiors of negroes, bette 
fitted for mechanical, manufacturing and artisti 
operations, and would not bring them in compet 
tion with the negro as the Northern Abolitionists 
Northern capitalists, and most of the Northeri 
editors are doing. These affect a love for Southen 
negroes; but in truth only love their own purses 
and are ready to sacrifice mankind from ever 
clime to fill those purses. Northern white laboi 
ei'S will. not see these reflections, because but on> 
or two Northern papers are likely to publish them 
but they are true, nevertheless. Indeed, th 



every other earthly ambition for that of seeing our 
noble country rid of its incubus, its disheartening 
cankering disgiace ;— but who thought of all this 
to-day ? We turned our backs on the South, we 
forgot their bad faith, their indecent disregard of 
all our dearest and most cherished hopes and sym 
pathies ; we thought only of the nation, ot the 
whole country, of Washington and Webster and 
our other household gods, proud to be their coun- 
trymen and joint heirs in destiny ; of our precious 
rights and liberties, established by our forefathers, 
and cemented and hallowed bythe bloo.l of pure 
unselfish patriots. We remembered the splendid 
future of our country, not to be fulfilled by base 
trading in principles, nor by crazy imbecility ; but 
by broad, enlightened, manly progress, subject to 
the limitations prescribed by the Constitution, our 
great bulwark and defence : trample that under 
foot and we become all slaves to a power compared 
with which the servitude of 
is the freedom of the wind. 

Good is sure to come out of evil, and the les- 
sons now learned will fix the traits of patriotism 
firmly in many a heart, and the true genius of the 
hour will be made clear to those who may, many 
years hence, do their country service in her hour of 
fore need. 

As to the South, she has broken faith with us. 
This is a strong accusation, but I say it deliber- 
ately and coolly. The North would never have 
submitted to the fugitive slave bill if such an in- 
sult, and outrage as the repeal of the Missouri 
Compromise, regarded by every one as final and 



the southern negroes 



facts are so obvious, that they must soon occur t- binding on the nation, could have been apprehend 



the classes most interested in them. 

[For the Boston Courier.] 
THE EXECUTION OF THE LAWS. 
It is done ; the majesty of the law is vindicated ; 
that law which our fathers made, and which we 
have been reared under, and are to guard and trans- 
mit to our children. There have been many proud 
davs for Boston, but none, I sincerely believe, to 
make us prouder of our old Commonwealth than 
this one. We have seen the law of the land calmly 
and deliberately sustained, at noon, in our prin- 
cipal thoroughfares ; after the honor of thousands 
of traitors, maniacs and cowards had been pledged 
against it. The noble display of citizen soldiers, 
the right arm of our liberties, was keenly gratify- 
ing to me. How many faces I recognized among 
those gallant troops, faces familiar to my earliest 



eel. Nevertheless, Ave have kept our faith with her, 
kept it solemnly and rigorously, in letter and in 
spirit ; indeed our commonwealth has behaved 
nobly, and in a manner worthy her best days, 
though the duty was odious and hateful ; and 
she may now justly compare the vindicated honor 
of the North with the "chivalry" of the South. 
We do not forget the Northern votes given against 
the almost unanimous spirit of the North; let us 
hope that they were given conscientiously, and 
that the senators and representatives who cast 
them may be politically ruined forever. 

But we have earned the right to speak out, and 
I hope the Northern press will let the people of 
the South understand distinctly that the hearts of 
the most conservative Northern men are profound- 
ly moved at this time; and that men who never 
thought to do it, men who emulate the compre- 



hensive national virtues of Webster, are forced to " *~ 

counc the cost of separation, as a course which, 'DEMOCRATIC ADYOCATE. 

however painful, may be the only one left them 
reconcilable with conscience and honor. How car) 



we consent to see slavery extended to territory 
now free? If it cannot exist there, how dares 
the South trifle with that subject on which the; 
whole North is most keenly sensitive, and for a 
whim, the vain assertion of an empty right, pre-i 
cipitate upon us again that bitter contest of in 



THURSDAY, JUISE 15, 1854. 



COWARDLY MISCREANTS, 

Pining the late disgraceful scenes \y lnnlx late- 
ly transpired in Boston, a certain poriion of the 



stinct and reason which has hardly ceased to ra^oJ 
and which sets all the generous blood of the North pe0 P ie ' feehn - lnd ^ nant at tlie £°Wf e 4 Thc °- 
throbbing. Let the press entreat the South to 'lore Parker and Wendall Phillips, were about 
pause ere she goes too far, for if the trusty conser-: giving these cowardly miscreants a taste of their 
vativeJSorth once calmly makes up its mind to ,. , . , ,, ._ , . , . 

embrace an issue so momentous as disunion, its ° Wn h] " her l w '' but l, P on their claiming pro- 
energy and courage will not be found unworthy lection of the civil authorities, they $'ere order- 
of its.lineage. No commonwealth ever had J e d out, and the devils allowed to rave and howl 
more glorious past, we cannot submit to a base 1 ... , ' .. .' c . 

future. All gentlemen will forever feel it a point at lheir P ]ea §»* e > Vv hat quintessence of by- 
of honor to protect the institution to the South^ pocrisy ! To advise armed resistance to the 
against all enemies, within its present limits, atj l avv and t i, en c]aim ils „ rjUt ectiqn ! Poor miser- 
least until some effort of the South itself may be ,. , , rn , 

successful in banishing it; but slavery must not be able eoward s ' fhe meanness 1,q counsel mur- 
extended. If this last statement sounds too much der, and not the courage to face the gibbet ! — 
like those of the Abolitionists, who say constant- How can the thine Parker stand in the presence 
ly the thing which is not, and make threats which c , . l ,„ . , . . . . . , 

they dare not stand to, let me say that I hope, of hls ^ od ' a,ld srnackhis lips oyer the warm 
in the name of every sentiment Americans should blood of a newly sacrificed victim ! We have 
prize, that the limits of slavery may never vary reference now to poor tfatchelder, who was shot 
but to decrease, and our fair land in some distant , ,. . ,. , ,... o- • , i ' -ir , 

future lose its curse and take its stand as the first dcad m lhe dlschar ? e ^ & 1S <#Mal dut Y ■ ^ &* 
on earth in everything appertaining to civilization civil authorities will riot enforce !a\v ? let the 
and Christianity. \ p e0D ] e t a k e jt j {) £ i\ ]e \ r own hands, and shoot 

Sir, one word more. It has been said that the , , , , , , '. . 

United States government is willing to pay the them down a ^ the y would bigh»ayi»en or mur- 
expenses incurred by the town in the proceedings dereis. It is too late for argument— they know 
of the past week. I hope the response to this of- | their crime; and on]y £eek n&bffety. j t j s some . 
ler will be as dignified as her whole conduct m 

the affair thus far has been. The last penny in|Wg $'" ich appeals to every man s good sense 
Massachusetts would be well spent in support of and better judgment, ami if each individual is 
the supremacy of her laws and her dignity, and ; v ij eged tQ defy j aw because it does not h ap- 
sne does not yet need anv assistance in governing ! 

her unruly or misguided children. She can do P en t0 a g ree with !lis own notions of propriety, 
even the hardest work, if her allegiance to the and idea of right and wrono- — cast all law to the 
Constitution demands it, so long as she consents uind , rev o]vers d bo ° wie knives determiud 
to enjoy the privileges and protection of the latter. 

CIVIS. lne question j plant a fevv well directed round 

s hot into these fanatical mobs, and suspend a few 
-An effigy of Commissioner Loring was dis- , Pftrk ^ g and W endall Phillips fro* the bough of 
covered in Saugus, Mass , hung by the heels ! 

— The Washington Union now advocates the 
annexation of Dominica. 

—Anthony Burns was a regularly licensed min- 
ister of the Gospel in the ranks of our Baptist 
brethren, and belonged to the same ehurch with Col. 
Suttle. The Mohammedan law declares that the 
shackles on the slave of the Moslem shall fall off 
in that moment when he becomes a proselyte to 
the faith of Mecca. It is left, for Christianity to 
witness and to sanction the holding of one church- 
member in bondage by another! — Congregational- 
ist. 



The Slaver Artived 1 > 

A despatch from Baltimore, dated yester- 
day, says that the revenue cutter Morris, with I 
the fugitive Burns on board, arrived at Old 
Point Comfort, Virginia, on the 8 th inst.i 
Burns was put on board the Richmond steam- 
er en route for Alexandria. It is proposed to 
give the officers a public dinner at Norfolk. 

Col. Suttle left the cutter, and took passage 
in a vessel bound to New York, and thence 
returned to Alexandria by land. Burns is re- 
presented as being glad of his escape from Bos- 
ton ; but this of course is a lie. 



the first tree, and the cowardly assassins will 
scamper like frightened sheep. We never 
knew one of these ranting ultta braggodacios 
but that would run when he passed a grave-yard 
in the evening. They seals dp^n in certain 
misguided comn*unities, get a transcendental con- 
trol of the public mind, throw themselves back 
in perfect secuiity in the easy chair of Public 
Sentiment, make slaves of their followers, pro- 
fess to be brave, but the veriest cowards physi- 
cally and morally, that the Almighty ever 
moulded into the shape of human beings. We 
speak strongly, for we feel it, and we believe we 
shall be sustained, at least, by lhe good opinion 
of every sober-minded citizen. We counsel no 
armed neutrality, but war to the knife. The er- 
ror has been in allowing the miscreants a. lease 
of life so long as they have. We glory in the 
scoundrels punishment. 



—Two effigies profusely labelled and intending 
to represent U. S. Attorney Hallett and Commis- 
sioner Loring, were found suspended from a tree 
in Beach street, Gloucester, on Saturday night. 



€mmnix 



> 




I Boston, Saturday, Juaae 10 f 1854. 

The Sims Commissioner. — A few days 
ago, the New Bedford Mercury indulged in 
some caustic remarks relative to the advertise 
ment of Commissioner Curtis, in which, he an 
nounced that he was still in the business of 
negro-catching, and might be found at the old 



and Loring are of value to the fugitive, is one 
of the strangest that ever mortal man enter- 
tained ; and the idea that these cases were 
brought before such persons on account of their 
superior fairness, integrity and knowledge, is 
equally absurd. We can, tell Curtis and Lor- 
ing that they were selected for this infamous 
woak, not for their legal knowledge or any 
other good quality., but for the well known 
predominance of the bloodhound element in their 
natures; in other words, for their complete 
subserviance to the demands of slavery. If 



stand. These remarks have excited the ire of 
Mr. Curtis, and he has sent a very long letter the J had a s P ark of manliness or honor, they 
to the Mercury, remonstrating with that print would be shunned by the kidnappers, though 
upon the publication of its "exceedingly of-| the y were as wise as St01 7 Qr Marshall, 
fensive article." He alludes to the Atlas and J 

the Springfield Republican as being engaged The ladies of West Medway have addressed 
in the laudable undertaking of directing popu- a letter to Mr. Commissioner Loring, upon the sub- 
lar odium against him. He is determined jject of his recent exploit in sending Anthony Burns 
however not to be crushed. The substance * at0 slaver y- They remind him of certain laws, 
of Custis's remonstrance is this: that he sa w which, with all his learning' he seems never yer 

•_'■?. to have heard of ; they are contained m the B®U. 
that a systematic effort was to be made to drive Tfaey quote for Ms beneflt certain commands, such 

Loring from the discharge of his duty, and as « Thou s b a it not deliver to his master the ser- 
among other means was the statement that Cur- van t that is escaped unto thee." And the follow- 
tis had declined to act in the case. He did not ing, being a significant condemnation of Bribery- 
choose to leave Loring to these inferences "A wicked man taketh a gift from his bosom to 

or imputations that he alone of all the Com- P ervert the wa ^ <? ^^f^; J^ts to 

. .-" .... ;....» , Commissioner that when he took a bribe of $o, to 

missioners, was willing to execute the law, and gend Burns into glaveryj he joined hand in han d 

therefore caused the statement to be contra- witll «^ ose w h frame mischief by the law," and 
dieted. He also notices the insinuation that betrayed Christ in the person of one of his disci- 
he was actuated by the fear of losing five or pies. They conclude by saying— "The paltry 
ten dollars occasionally, and says that he has sum of money you have probably received, but it 

, 1T , i • will not buv a Potter's field of sufficient size to 

been called upon on several occasions to act wm noc uuy a™^ 

X; • bury your disgrace. As to popular favoi, you 

under the fugitive statute, but never took a ^ > hm yourgelf eath . ely unworthy of it. You 

fee for any such service, and never shall takei haye ren(ierea - yourself infamous, not in the eyes 

one. He has a public motive and that is this . f WO men merely, but in the view of every man of 

He says there are three or four Commissioners, honor. He who winks at bribery is not fit for of- 

out of the five or six appointed in the city, who fice of trust and emolument. We therefore pledge 

from their ace and experience mav be fairly ourselves to influence our fathers, husbands, brotb, 
irom their age and experience may De lairly ^ ^ ^ to ^^^ ^ yotes m fa . 

Bupposedtobe more fitted to try these cases, vor of yourself or any other man who will carry 
with safety to the rights of the fugitive, than Qut tlie Fu g it i V e Slave Law-!'. The letter is signed 
ome of "our younger brethren," and their de- D y 152 ladies of West Medway. 
cisions, for this reason, would be more readily These ladies have also written to Mr. Joseph K. 
acquiesced in. Every one of these three or Hayes, in which they thank him for "the noble 
*.! x 'j xi i. ■ c • 4. * i. and manlv stand he took relative to the late nela- 

fourhas to consider, that in refusing to act, he aud . _ man 5_„ S „Sl £ SI™ 7, 1L« that he had 

is "depriving the community and the fugitive 
of a part of their best defence against an ig- 
norant, or passionate, or heedless, or unskilful 



administration of the law." And he adds — 
" For myself, while this law remains on 
the statute book, no amount of popular 
odium that can be excited against me 
by the press of the Commonwealth, of whatever 
name, will ever induce me to take a step which 
■will have any tendency to reduce its adminis- 
tion in the city of Boston into incompetent or 
unsafe hands. The office is of no value to me 
■whatever, but I believe it to be of some impor- 
tance that I should continue to hold it white 
this law exists." 



Such brazen and boundless 
have never met before. The idea that Curds 



assurance we 



rious transactions in Boston," rejoice that he had 
a heart true and brave enough to spurn the busi- 
ness of kidnapping, and say to him— "Should you 
ever come to our beautiful village, (as we hope you 
will at some future time,) you will receive that 
respect and attention which your noble conduct so 
richly merits. May your name be kept fresh in 
the memory of the good, and be spoken to poster- 
ity whenever they are called upon to admire Na- 
ture's noblemen." 



—The petition for a repeal of the Fugitive Slave 
Bill, that has been receiving signatures at the 
Merchants' Exchange, has now been forwarded to 
Washington, in charge of Mr. Rockwell, Mr. 
Everett's successor. Nearly three thousand names 
are on it. This is the first instalment. Another 
petition is now on the table and has already re- 
ceived fifty or sixty signatures. 



WHO ARE THE GUILTY. 

There can be no doubt that the citizens of Boston 
are justified in attributing to the Rev. Theodore 
Parker and Mr. Wendell Phillips the chief respon- 
sibility for the fatal proceedings of Friday night. 
Both of these gentlemen are sufficiently known to 
the public to prevent all surprise at the position 
which they have taken in this affair. The first, 
who seized the first opportunity to do all in his 
power to vilify and degrade the memory of Daniel 
"Webster, has achieved, with a reputation for talent 
of high order, a notoriety as an abettor of almost 
every violent measure and disorganizing scheme 
which is hatched in the over-wrought brains of the 
extreme progressiveists. Bitter, relentless, reck- 
less, he not only denounces fiercely, but he excites; 
artfully, and from the reports of his part in the 
meeting of Friday evening at Faneuil Halt, it ap- 
pears that he used all the power of which he is 
master to rouse the persons present to an open and 
forcible resistance to the laws. He roused their 
jealousy, he stung their 'pride, he flattered their 
self-appreciation, and while alluding to their de- 
termination, he cast the slightest possible slur up- 
on their courage. What wonder that, finding them 
in the mood in which he found them, he sent them 
out from his presence an infuriated mob ! And 
this man is called reverend, because he claims to be 
a minister of Christ's religion. He had a worthy 
yoke-fellow in Wendell Phillips, a man who, with- 
out a tithe of his talent, has all his bitterness and 
more than his recklessness — a man who glories- in 
confusion for confusion's sake, the breath of whose 
nostrils is contention, and the desire of whose heart 
seems to be the utter extirpation -oT every thing 
which good men venerate. It w#'s fitting that such 
a man should repeatedly urge }\\$ hearers to form 
a guard round the court hou?e occupied by officers 
of the law. for the purpose of preventing the exe- 
cution of the law, and that he should point to the 
successful resistance to the law in the case of Shad- 
rach as an honor, and to the successful execution 
of the same law in the case of Sims as a disgrace 
to the citizens of Boston. — N. Y. Courier <§■ Enq. 



-The Worcester 



Arrest op Mr. Higginson 

Spy says : — 

Mr. Higginson was notified, an hour before the 
cars started toat a writ for his arrest was in the 
city m the hands of a Boston officer, and afte? 
making some necessary arrangements, he walked 
fh« m ' unacc °mpanied. delivered himself to 
not ?/ 61 "' aQd P™ e eded to Boston, for the pur 

$?«£ J!- S ° mant y a course of conduct on 
His part, we are happy to sav, was dulv reciDro 

taw lnTS Ce ^ agalIS and 0tW officii r o? P the 
aw, and Mr Higgmson speaks in the highesi 

terms of their urbanity and politeness, especially 

£fj£ e ! r d e e P fplicitude lest the "impounding" of 
he "shepherd" should prevent the "flock' from 

listening to his ministrations on the Sabbath day 



Melancholy Affair at Milton Lower 
Mills.— Learning of a suicidal affair which re- 
cently took place in the above named village, we 
made inquiries of a friend in that neighborhood, 
and received the following statement Of the par- 
ticulars :— 

Milton Lower Mills, J 
Monday Morning, June 12. '54. ) 

Dear Sir,-~l was extremely sorry that I was ab- 
sent this morning when you called, but presume 
your mission was to obtain some of the particulars 
in relation to the suicidal affair which recently 
came off in our midst, and therefore proceed to 
give some of the outlines from which you may 
draw some more correct views of the case. The 
gentleman alluded to (if such he may be called,) 
was well dressed in a black super broadcloth coat 
and pants, with a black cap drawn over his eyes, 
his hands tied behind, feet tied, rope under the 
left ear, &c, all in the usual form, the decorations 
or inscriptions as follows : — In front of the cap 
was painted in large letters, "Traitor;" across the 
breast was also in large letters, " It is my desire j 
ro be returned to my bosom friend, S. Arnold j 
Douglas, and him to ask forgiveness of the clergy 
of New England." Underneath the above was 
painted in large letters, "Franklin Pierce;" on 
the lappels of the coat, in front, were as follows, 
to be sung on the occasion, the tune Kussia — 
" False are the men of high degree/' &c. ; 2d, tune 
Upton, words, " Believing, we rejoice to see the 
curse removed." The person above alluded to 
was shortly after cut down, no doubt for the pur- 
pose of obtaining his clothes, as they were of some 
value. I transmit the private paper found in his 
pocket; you will please notice them as you may 
deem proper. In haste, yours truly. 

The following is the "paper" referred to :— 

Washington. 

Oh! the tortures of conscience; give me another 
glass or I shall hang myself. 

Oh ! Douglas ! Douglas ! the Nebraska bill and 
the fugitive slave law have been my ruin. I have 
one consolation left, my son has gone where he 
can know nothing of the disgrace I have brought 
upon my country. I shall be detested by posterity. 

Oh! what torture. Franklin Pierce. 



\ 



-A writer in the Atlas calls for additional State 
'egislation on the subject of the fugitive act. The 
statutes of 1843, which prohibited judges, justices 
of the peace, sheriffs, deputies, coroners and jail 
ors from acting under the law of 1793, ought to be 
| amended so as to apply to the taw of 1850. And 
! it ought to be provided that any man who aids as 
commissioner, marshal, deputy marshal, or other ] 
wise, in the execution of that law, shall be foreverl 
disqualified to hold any office in Massachusetts.! 
Furthermore, the writer holds that no man who 
shall hereafter appear in any court, as counsel for 
a slave-hunter, and give professional aid in pro 
curing or endeavoring to procure the surrender of 
a fugitive, shall be permitted to practice as at- 
torney or counsellor in any court of the Com- 
monwealth, except under a special power of at- 
torney. 



i 



The President in ErFiGY.-The Bunker Hilll 
Aurora reports that the President of the United' 
States was hung in em g y on a tree at the corner of 
the square, on Friday night. On the breast was a 
crossed in the right hand a long whip, with the 
word "Nebraska" at the end of the snapper. The 
inscription on the effigy was " Frank Pierce, the 
Northern traitor." I 






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AILY ADVERTISER. 




THE CIVIL AND THE MILITARY POWER. 

PROCLAMATION! To the Citizens of Boston. To se- 
cure order throughout ihe City this day, Major-General- 
EdmauJs and the Chief of Police, will make such disposi- 
tion of the respective forces under their commands, as will 
best promote that important object, and they are clothed 
with full discretionary powers to sustain the laws of the 
land. 

All well disposed citizens, and other persons, are urgently 
requested So leave those streets which it may be found ne- 
cessary to clear temporarily, and under no circumstances to 
obstruct or molest any officer, civil or military, in the law- 
ful discharge of hi? duty. J. V. C. SMITH, Mayor. 

Mayor's Office, City Hall, Boston, Jane 2, 1854. 

The foregoing proclamation was issued by the 
Mayor of Boston on the day of its date. In accord- 
ance with its terms some of the principal streets of 
the city were taken possession of by a formidable 
armed force. All business was suspended and great 
personal inconvenience was the result. That the chief 
executive officer of the city acted in good faith and 
with a conscientious desire to do his duty, there is no 
necessity to deny. Whether it was discreet to place 
the city under the keeping of officers never chosen 
for that purpose by the citizens ; — whether it was wise 
in the existing state of excitement to give a remarka- 
ble prominence to the military arm, and whether 
there was any real necessity to mortify the public 
spirit of a law abiding community like ours, by the 
establishment of a sort of martial law, are questions 
which have been much discussed, and in relation to 
which the opinions of men are undoubtedly very much 
influenced by their feelings. 

There is one point, however, to which public at- 
tention cannot be too early or too earnestly called, and 
that is the legality of the orders referred to in this i 
proclamation, and of the proceedings under it. Mar- • 
tial law, says an eminent writer, which is built upon 
no settled principles, but is entirely arbitrary in its 
decisions, is, as Sir Matthew Hale observes, in truth 
and reality no law, but something indulged rather 
than allowed as a law. "Martial law," said Lord 
Loughborough, (2. Henry Blackstone's Reports 98) 
"such as it is described by Lord Hale, and such, al- 
so, as it is marked by Mr. Justice Blackstone, does, 
not exist in England at all." In all free countries,, 
although the militia are justly regarded as a most im- 
portant eletnent of a sound government, there always' 
has been a great jealousy of the exercise of any pow-. 
er by it over the citizen, in timesof peace, except un- 
der the direction of the civil magistrate. As early as 
1769, the House of Representatives of Massachu- 
setts, at their first coming together, resolved that it 
was inconsistent with their dignity and freedom to 
deliberate in the midst of an arrmd force; and that 
the keeping an armed force, military dr\d naval, in 
and about the metropolis, while they were in session 
there, was a breach of priyilege. Time has not di- 
minished this jealously of authority administered by 
men in arms. The descendants of those who fram- 
ed this resolution are not less ready to resent any at- 
tempt, or any appearance of an attempt, to place the 
military above the civil power of the State, except in 
those emergencies and under all those sanctions and 
limitations pointed out by the law. 

What, then, are the powers and duties of the public 
authorities relative to the Militia in Boston, in times 
of popular commotion ? By the city charter the 
Mayor is the " chief executive officer of the corpora- 
tion." It is his duty to be vigilant and active at all 
times in causing the laws to be duly executed and 
put in force. For many of his duties he is per- 
sonally responsible. He cannot resign his office. Nor 
can he delegate his duties toothers. Least of all can 
he retire, even for an hour, and place over the citi- 
zens, persons and personages who are not designated 
by the law for that purpose. The administration of 



police, together with the executive powers ol the cor- 
poration generally are vested in the mayor and alder- 
men. The means within their control to enable 
them to enforce the laws and preserve the public 
peace are most ample. Not to specify them all, it is 
sufficient to mention the Statute of 1838, chapter 123, 
which was a special law for Boston (and now made 
general by Statute of 1851, ch. 162) and authorized 
the mayor and aldermen at any lime, upon any em- 
ergency, to appoint such and so many police officers 
as they may judge necessary, " with all or any of the 
powers of the constables of said city, except the 
power of serving and executing any civil process." 

By virtue of this law they may at any time appoint 
fifty, five hundred or five thousand special police offi- 
cers, all of them at once armed with power to make ar- 
rests and to keep the peace. It must be a serious state 
of things when this power is not sufficient to preserve 
the public order. These officers, to be sure, are in the 
peaceful garb of citizens. They have no fire arms. 
They do not march to martial music. They are not 
attended by the pomp and circumstance of glorious 
war; but men of experience know, that fifty police- 
men, who understand their duty,*are at any lime and 
under almost any circumstances, equal to five- 
hundred riotous citizens. Those who undervalue this 
most efficient power, know but little of it, or are ti- 
mid men who never feel secure except under the 
smoke of gunpowder. 

Undoubtedly there are instances when something 
more is requisite. These are extreme cases. But 
they are very rare. They occur but few limes in the 
age of a man, in civilized communities and in free 
countries. The law contemplates these occasions 
and has made most careful and minute provisions for 
them. What are the cases and what ate the rules 
that govern them ? 

I propose to consider this important subject in three 
points of view. (1.) When may the Militia be 
called out? (2.) By whom may it be called out ? 
(3.) Under what authority does it act and what 
may it do when called out ? 

1. When may the Militia be called cut? This 
question may be answered in the very words of the 
law: "Whenever there shall be in any county, any 
tumult, riot, mob, or any body of men acting togeth- 
er by force, with intent to commit any felony, or to 
offer violence to persons or psoperty, or by force and 
violence to break and resist the laws of this Common- 
wealth, or any such tumult, riot or mob shall be 
threatened.'" (Statute of 1840 ch. 92. £q& 27.) In. 
these cases,, the militia tiK+y be called, out oy express 
provision of law; and any officer who neglects or re- 
fuses to obey the call, "shall be cashiered, and be fur- 
ther punished by fine or imprisonment, not to exceed 
six months." {Ibid sec. 26, 28.) Any non-Commis- 
sioner officer or soldier who neglects to appear and 
to obey all (awful orders is liable to a fine of fifty dol- 
lars. (Ibid,£fc. 28.) 

2. By whom may the Militia be called out? This 
question may also be answered in the precise lan- 
guage of the statute of 1840, ch. 92, Sec, 27. When 
there is any actual or threatened riot, as before men- 
tioned, "and the fact be made to appear to the 
commander-in-chief, or the Mayor of any city, or to 
any Court of Record sitting in the county, or if no 
such Court of Record be sitting therein, then to any 
Justice of any such Court, or if no such Justice be 
within ihe County, then to the Sheriff thereof, the 
commander-in-chief may issue his order, or such 
Mayor, Court, Justice or Sheriff may issue his precept 
directed to any commanding officer of any division, 
brigade, regiment, battalion or corps, to order his 
command, or any part thereof, describing the kind 
and number of troops, to appear at a time and place 
within specified, to aid the civil authority 
iik suppressing such violence, and supporting the 
laws." 

It may be proper to remark here, that the forego- 
ing provisions in the statute of 1840, respecting the 
calling out of the Militia are a revision of the Re- 
j vised Statutes ch. 12, sections 134, 135, 1.36, with 



2^ 



/* 



I 



some alterations. For instance, by the Revised Stat- 
utes the," Mayor of any city" was not authorized to 
call out the Militia at all. It could only be done by 
the commander-in-chief, a Court of Record, a Judge, 
or the Sheriff. ,But by the Statute of 1840, the "May- 
or of any city" was added to the list of those au- 
thorized to make the call. The Statute of 1840 how- 
ever, makes no provision as to the duty of the Militia 
when called out, and this still rests upon the provis- 
ions in ihe 129th chapter of the Revised Statutes. 

3. Under what authority does the Militia act, 
and xvhat may it do when called out? This ques- 
tion is also answered by the law in language too plain 
to be misunderstood. All the proceedings in such 
cases are specially pointed out in the 129th chap- 
ter of the Revised Statutes. On examining this 
chapter, it is verv obvious, that recourse to the mili- 
tia is lawful only in the last resort — that every judi- 
cious measure is to be taken in the first instance, and 
it is only on failure of every peaceful effort, that those 
in authority may recur to the dreadful alternative of 
an armed force. The civil magistrates are themselves 
to do something. They cannot, without an effort on 
their own part, call upon the militia to do their work. 
Trie first section provides, that in the case of any ri- 
ot, "it shall be the duty of the Mayor and of each of 
the Aldermen, &c. to go among the persons so as- 
sembled, or as near them as may be with safety, and 
in the name of the Commonwealth to command all 
the persons immediately and peaceably to disperse," 
and if they refuse to disperse, the magistrates are to 
command the assistance of all persons present to seize 
and arrest the rioters, and any person refusing so to 
assist is himself to be deemed one of the mob and 
punished accordingly. Any Mayor, Alderman, Se- 
lectmen, Justice of the Peace, Sheriff, or Deputy 
Sheriffhaving notice of a riotious assembly, and neg- 
lecting to do what is before mentioned, is guilty of a 
misdemeanor, and liable to a fine not exceeding three 
hundred dollars. The fourth section provides that 
"if any persons who shall be so riotously or unlaw- 
fully assembled, and who have been commanded to 
disperse, as before provided, shall refuse or neglect 
to disperse, without unnecessary delay, any two of 
the magistrates or officers, before mentioned, may 
require the aid of a sufficient number of persons, in 
arms or otherwise, as may be necessary, and shall 
proceed in such manner as in their judgment shall be 
expedient, forthwith to disperse and suppress such 
unlawful, riotous or tumultuous assembly, and seize 
and secure the persons composing the same, so that 
they may be proceeded with according to law." 

"Any two of the magistrates before mentioned;" 
who are they ? Clearly any Mayor, Alderman, 
Selectmen, Justice of the Peace, Sheriff or Deputy 
Sheriff. Any two of these may proceed "in such 
manner a3 in their judgment shall be expedient." — 
There is nothing here surely, giving to any one of 
these magistrates the power to proceed in such man- 
ner as he may deem expedient. Still less can any 
one of these magistrates delegate this important pow- 
er to a general wtio is not named in the law at all. 
Then, we come to the fifth section, which pro- 
vides that whenever an aimed force shall be called 
out "in the manner provided in the twelfth chapter," 
and shall have arrived at the place of such unlawful 
assembly they shall obey such orders as they "may 
have received from the Governor, or from any Judge 
of a Court of Recorder the Sheriff of the County, and 
also such further orders as they shall THERE re- 
ceive from any two of the magistrates or officers 
mentioned in the first section." 

It is a matter of some doubt, whether this section 
would apply at all to the case of troops called out by 
the Mayor, because the language is, "whenever an 
armed force shall be called out, in the manner pro- 
vided in the twelfth section.'" Now, by the "twelfth 
section," a Mayor is not authorized to call out the 
troops. By that section, they can only be called out 
by the Governor, a Court of Record, a Judge, or the 
Sheriff. It is only by the statute of 1840, that a 
Mayor can call them out. But, if this section does 
apply, it is very clear, that it does not justify the 
course recently pursued in this city. By this section 



the troops are required to obey such orders " as they 
may have received from the Governor or any judge of 
a court of record or the sheriff of the county," and 
" such further orders as they shall there receive 
(that is upon the spot) from any two of the magis- 
trates or officers mentioned in the first section. It is 
obvious (1) that these " magistrates or officers" are 
to be upon the spot, and (2) that two of them must 
act. Does this authorize one of these officers or ma- 
gistrates, not on the spot, to give general orders and to 
delegate his authority to the military commander. 

It may be said that the Statute of 1840 enlarges 
these powers. How and where ? That statute was 
merely a revision of chapter 12th of the Revised Sta- 
tutes respecting the manner of calling out the troops. 
It does not purport to alter chapter 129 of the Revised 
Statutes which prescribes what the troops are to do 
when called out. On the contrary, the 29th section 

of the Statute of 1840 expressly says, that the troops 
when called out «« shall obey and execute such orders 
as they may then and there receive, according to 
law." What law ? why, the law which expressly 
provides for such cases, namely the 129th chapter of 
the Revised Statutes. 

Such, then, is the law. Now, what orders were 
given to the troops on Friday ? They have not been 
published, and the exact terms of them are not known ! 
to me. But in the proclamation of the Mayor, at the j 
head of this article, he says, that, " To secure or- 
der throughout the city this day, Major General Ed- 
mands and the chief of police, will make such dispo- 
sition of the respective forces under their commands, 
as will best promote that important object, and 

THEY AEE CLOTHED WITH FULL DISCRETION- 
ARY powers to sustain the laws." If there 
be any law upon which such orders are based, I am 
not able to find it. As lo the chief of police, he is an 
official character not known to the law at all. He is 
a city officer, appointed for certain duties, by virtue of 
a city ordinance, and so far as he is concerned, the or- 
der may be correct enough; but I do not conceive 
that coupling him with a Major General gives to the 
latter any more power by law, then he would have 
if named separately. 

The proclamation is peculiar. It is not to disperse 
any riotous assembly in any particular place. But these 
persons are " clothed with full discretionary power, 
to secure order throughout the city." 

The orders referred to in this proclamation are not 
only not sanctioned by law, but they are totally op- 
posed to the law. Not to mention the familiar prin- 
ciple, that, when any statute points out a specific 
course of action, it excludes the conclusion that any 
other may be taken, it is clear, that the whole pur- 
pose and spirit of the law are, that the military shall be 
throughout subordinate to the civil power. They are to 
be called upon as armed citizens rather than as soldiers. 
The law never intended that any mere riotousassembly 
should subject the whole community to military sway. 
Besides, the law expressly requires certain measures 
to be taken before an armed force is ordered to 
act, although it may be called out, and thus be ready 
to act before these preliminary measures are taken, 
and then it is called upon, not as an independent 
power, but "to aid the civil authority in suppressing 
such violence, and supporting the laws." Now were 
any of the preliminary measures pointed out in the 
statutes taken in this city on Friday last? Did the 
"Mayor and each of the Aldermen go among the peo- 
ple assembled, or as near them a3 might be with safe- 
ty, and in the name of the Commonwealth, command 
all ihe persons.so assembled, immediately .and peace- 
ably to disperse?" Did they then command the as- 
sistance of all persons there present, in seizing, ar- 
resting and securing in custody, the persons so unlaw- 
fully assembled?" Were they mindful of the fact, 
that if any Mayor, Alderman, &c, "having notice of 
any such riotous or tumultuous and unlawful assem- 
bly," "in the city or town in which he lives, shall 
neglect or refuse immediately to proceed to such as- 
sembly, or as near thereto as he can with safety, or 
shall omit or neglect lo exercise the authority, with 
which he is invested, &c, he shall be punished by a 



fine not exceeding three hundred dollars?" And fi- 
nally, did "any two or three magistrates or officers" 
"require the aid of a sufficient number of persons, in 
arms or otherwise," and then "proceed in such man- 
ner as in their judgment shall be expedient forthwith 
to disperse and suppress the riotous assembly?" If 
these gentlemen or any of them were on trial for a 
misdemeanor, in not conforming to the law, would it 
be a sufficient defence for them to say, "we did none 
of these things, but, then, one of us gave to the Ma- 
jor Genera! commanding, and to the Chief of Police, 
full discretionary powers to sustain the laws of the 
land?" 

But, it may be said, there was no riot — there were 
no "persons unlawfully, riotously or tumultuously as- 
sembled." Indeed ! Then the city was put in the 
keeping of troops in apprehension of a riot and as a 
measure of precaution. And this, I suppose, is the 
whole case. Now, I am not questioning the right of 
the Mayor to call out the troops when a riot is merely 
threatened. But they cannot act until there is some 
overt act on the other side. They must be held in 
reserve until the emergency contemplated by law ac- 
tually occurs. Some men deem it the most convenient 
and expeditious way of preventing riots to place the 
city or parts of it under the troops. I beg to say, 
that it is not the legal way, and, until the law is 
changed, it is not the proper way. This is the man- 
ner of doing things in Europe. There the armed bat- 
talion rides down the defenceless multitude, but our 
laws sanction no such course, until the multitude 
show by their conduct that the civil arm is too weak 
for them. 

While I am penning these sentences, I notice an 
account of a speech by the Mayor at the anniversary 
of the Ancient and Honorahle Artillery Company, in 
which he is reported to have said, that "at n trying 
crisis he found himself in an anomalous position; he 
had stood on the quarter-deck of the city ship, and 
asked himself, Shall 1 jump overboard, and trust my- 
self to the moral character of sharks, or shall 1 be 
the master of my own ship? He determined to keep 
the helm, and then the haven was reached, th%) laws 
executed, and the peace of the city was preserved." 

Now, it is precisely because the Mayor did not 
" keep the helm; " it is because he did not stand 
upon the quarter deck, but gave up the command to 
one who was not even of the crew, that I blame 
him. It is because he undertook to give full dis- 
cietionary power to another, and that other a military 
commander, instead of himself retaining the com- 
mand, that his conduct is open to criticism. But he 
proceeds to say : 

" Had he done otherwise, and blood have flowed in our , 
streets, when he could have prevented it by calling out the | 
military, he should not have been sale himaelt, and would 
have merited your condemnation and that ot all good 
citizens " 

No one has a right to complain of the Mayor for 
calling out the military if he deemed it necessary; j 
but allow me to* ask, suppose blood had flowed in 
consequence of the acts ot the troops under the 
orders referred to in his proclamation. Suppose 
citizens had been shot down, without the command 
of any two magistrates, or of the governor, sheriff or 
a court ol record, what would have been said then? 

What would have been the line of defence of those 
who had been instrumental in such a deplorable re- 
sult before the tribunals, where law is administered, 
and in which ignorance of the law excuseth no man? 

It may be said, that discussion is useless now, 
since the whole thing is over, and unprofitable, since 
there was no actual injury done. To be sure, a 
citizen or two received sabre cuts; others were 
threatened with having their brains blown out; one 
captain did order, or was about ordering, his 
company to fire upon the people; a horse or 
two were killed »r people were prevented from 
going about their ordinary business; the banks 
and the post office were in effect closed. All 
these were trifles, perhaps, but you will find it dif- 
ficult to teli me how much real injury has been in- 
flicted on the public peace; upon that sensitiveness 
to wrong, that sensibility of the public heart, which 
feels all the more when it finds no words for utterance. 
It will be-long, I fear, before some of our oldest and 



best citizens will forget the military display of Friday, , 
the second of June, and the proclamation of the May- ! 
or of Boston. ^ 

Again, this matter should be perfectly understood 
for the sake of the Militia. They are the'great arm' 
on which a free people must rest to preserve the pub- 
lic peace in the last extremity. They are of us and I 
with us— composed of our brothers, sons and neigh- 
bors. Their interests are identified with our own. The i 
duty they have been called to perform was undoubt- 
edly distasteful. They must obey orders. Discipline 
is at the foundation of this efficiency. Therefore it 
is most unjust to place them in a position where they 
may be called upon to obey orders which are not le- 
gal. It is a monstrous wrong to put them where they 
may be commanded to do acts which may render 
them personally liable in the legal tribunals. 

These remarks are made in no spirit of unkindness 
to the Mayor. He was placed in a trying position. 
He undoubtedly acted conscientiously and from a high 
sense of duty. It is matter of regret, however, that 
before issuing his orders to the troops and making pro- 
clamation to the citizens, he had not called in the aid of 
the learned and able legal adviser of the city. He might 
have referred to precedents also. If I am not mis- 
taken, he was himself an efficient city officer, at the 
time of the Broad street riot, and must have known the j 
fact, if he did not witness it. that the Mayor of that 
day himself with his Aldermen marched in the front! 
rank of the troops he had ordered, out, ready to give 
upon the spot all necessary orders, and never forsook 
his position until peace was restored. He might have 
called to mind the example of the Mayor of Charles- 
town, who, in a recent riot, or threatened not of a 
serious character, himself took command of the troops 
— following the law in every particular, and by his 
energy and prudence preventing not only bloodshed, 
but saved the feelings of the citizens from the slight- 
est mortification or grief. 

The recent proceedings are the first instance since 
the revolution when anything bearing a semblance to 
martial law has been proclaimed in Boston. Let us 
hope that they may be the last. P. W. C. 



3 



THE CIVIL AND THE MILITARY POWER. 

The writer of the article in the Advertiser of Fri- 
day last, had no expectation that his remarks would 
excite so much attention as they appear to have done. 
He attributes the fact to the importance of the 
subject, and to the deep interest which exists in the 
community, rather than to anything peculiar in the 
communication itself. He would be glad, also, to 
believe that the misconstruction of his views and the 
personal strictures to which he has been subjected, 
1 arise rather from a want of clearness on his own part, 
than from any design on the part of those who have 
undertaken in public and in private to criticise his re- 
marks. The subject is one of great importance. It 
affects the lives of our citizens, and their reputation, 
which is more than life, and the writer supposed that 
a careful examination and discussion of the legal 
points involved would not be useless or unacceptable, 
if it were fairly done, and with the calmness which is 
always requisite to the proper investigation of legal 
questions, and which seems peculiarly desirable in 
the present excited state of the public mind. If he 
failed in this, it was not for the want of good inten- 
tions; if he mistook the law, no one will rejoice more 
than he to be corrected; for the object here should 
be truth, and truth alone 

Two articles in answer have appeared in the papers 
of Wednesday, one in the Courier and one in the 
Post. The character of the article in the Courier is 
such; its misrepresentations of facts, its perversions 
of law, apparently wilful, are so many and so obvi- 
ous, 1 am advised that no answer is necessary for my 
own sake or for the cause of truth. There is a sin- 
gle point, however, to which it may be be9t to call 
attention, as a specimen of the style and manner of a 
writer, who signs his communication "A Counsellor," 
and who avers that he is a lawyer. The writer says: 
"In another point, the ex Solicitor is also withcut law. — 
He insists that the Sheriff' *hou\il have been present. anH 
that the action of the Mayor was invalid because the Sheriff 
of the countv was not on the around. 



4 



dui me sue.njj ui jsuiioik county was mere. Mr. Chaml- U/ojunction with one Alderman, whose hafrie 3 how- 

ler. Marshal ; Freeman was the Sheriff of Suffolk in every* ever ha8 never been given l0 the pu bUc, so far as I 

j step he took, from the arrest of Burns to his delivery on, e r 

hoard ol the cutler. This you have overlooked. Please turn know - 

1 in ihe act of Congress of February 28, 1795, Vection 9, and This writer then remarks upon the necessity of 

re ^' ,n " s: ~ calling out the militia at all, and coolly says, that the 

The Marshals of the several districts and their Deputies j"- the Advertiser "doubted the expediency of 

shall have the same powers in executing the laws of the , e ,,,, ,, G uouoteu ine expediency oi 

United States, as Sheriff* and their Deputies in ihe several the call, and then contrast* with my doubts the 

elates have by law in executing the laws ot the respective opinion of other persons. This is simply untrue.—* 

B i.nr.t',1 •♦ • .u . k» v. i r, !■_.,« ' The writer will seek in vain in the Adverliser article 

'•Thus it is seen that Marshal Freeman ind his Deputies * . ■ c l- l 

in the process touching the fugitive Hums, had all ihe pow" ' or an y opinion of ,hls sort, whatever my private im- 
ers ot Sheriff Eveletb and his depnties in executing a state pression may be. Qn-the contrary, there seemed to 

P rn( -ess. , be no utility in debating; this question, because, if 

"Consequently, the concurrent act of the M<iyor and Mar- .■ . r • a 

shal in 'aidin- the civil authority in suppressing violence and there were an y. er . ror « ll Was a " err0r of J ua V"O nt . 
supporting the laws,' was the very act which Mr. Chandler involving no principle of importance, and to enter 
insists upon, namely the act of two maaistraies or officers, upon this field of discussion might have given the 
as required by chapter 129 of Revised Statutes." who , e a ,., ic|e ^ e appearance of a personal attack on 

In another place he says : — ,, »- ■• . .• , i i a • ii 

, ,, . ,. . , ,.. J . ., „ . . . the Mayor, which was not intended nor desirable 

' Such was the state ot ihinss when Mayor Smith, at the 



There are many other points taised in this com- 
munication, wiih some of which 1 should not disa- 
gree, but most of them seem irrelevant to the main 
tpbject at issue, and are no answer to the interpreta- 



tion of the law which 1 have given. 



I therefore beg 



.request of the Marsha', issued his precept to Major General 

j Edmonds to order his command to appear, and ''itiot'd the 

i civil <iuthority in suppressing such violence and sup- 

\ porting the laws" 

I From all this it would appear not only that the 

! troops were called out by request of the United 

1 States Marshal, but that they were actually under his «> 'e-state a few of the legal point*, 
command, and rightfully under his command. If By the act of 1840, wnenever there is a not or a 
this wriler is to be credited, h.s statements settle a ' h . reate » ed r,ot ? th * Ma * or of any city, and also cer- 
matterof fact in relation to which there has been! ^in other magistrates, may ^severally issue their pre- 
considerable inquirv and d W It has been asserted ce P l ,0 an .y commanding officer of any division, bri- 
a.id denied, that the Mayor, in calling out the militia, ^ ade j ^'«' e "l. battalion or corps, to order his corn- 
did it solely for the purpose of preserving the peace »>and, or any part thereof, to appear at a time and 
and of enforcing the laws of this State, and not for P lace specihed "to aid the civil authority m suppress- 
the mere purpose of aiding the United States Mar- ' n S such violence, and supporting the laws. {Sec. 
shal in removing a fugitive slave. It now appears, 27 -> . Su , ch ,roo P 8 sha11 a ^ ear at the llme and P lace 
that he was acting at the request of, and in conjunc- appointed, armed 
lion with, the Marshal, in enforcing a law of the as tor inspection ol 
United States. But why did the latter apply to the such orders as they may then and there receive, ac- 
Mayor at all ? According to this writer, the Marshal ?? r *"f io *?** ( Sec \ 29) . ?° much f ° r thy 8l ff e 

S as the Sheriff, may, in cer- o( ., lMl) > w 1 h,c ^. "'"P 1 * P' ov,de u 8 for filing out the 

militia, and which says that they are io obey such 

orders as they may receive "according to law." 

To ascertain whet orders are "according to law," 
we must look into the Revised Statute?, chapter 129, 



and equipped, with ammunition, 
arms, and shall obev and execute 



having the same powers 

tain contingencies, call out the volunteer militia 

himself, and take command of them, whenever, in 

his judgment, a riot is threatened. It surely cannot 

be necessary or profitable to enter into an argument 

,l u • i ■(_. .i , .. * . c which contains most ample and specific provisions o 

with one who seriously maintains that the Act oft .. . ,. . i ■ r ^l 

c u no i^or n . n r a the proceedings to be taken in cases o riots. Ihe 

February 28, 1795, sec. 9, actually confers upon _ " a , , »,, . «.. e 

it •. . a, , »,i i i • |..t . ,, H ,. first section provides, that Mayor? and Aldermen of 

United States Marshals in Massachusetts, all the , H ' , J . , ... , .. 

• u . , . ■ , ou -cr u u • . c cities, and certain other magistrates named, "shall 

rights and powers which Sheritis have bv virtue of ' . 6 . . . ' , 

u . ion c .u u : a a. t . a r .u a , c SO among the persons assembled, or as near them 

chapter 129 of the Kevised Statutes and of the Act of - . 6 . . K „ „ , ' , , ,. 

,• , • i . ( ym , ,, flom , , no as may be with safety, and command ihem to dis- 

tne Legislature of Massachusetts of 1840, chapter 92. J ir . . ' ' . .-.,.■ • 

ry,, .. , • ,. %m D , • c A.ct 4- perse If they do not immediately disperse, these 

Ihe article in the Morning Post is of a different K . A J c , . • 



\ 



character. It is carefully prepared, and is entitled 
to respectful attention. This writer also deems it 
proper to indulge in personalities, which, on reflec- 
tion, he can hardly fail to consider as unjust in them- 
selves, adding no strength to tlva argument, and de- 
tracting from the general fairness of his communica- 
tion. I shall not imitate him in this respect, nor 
make any personal allusions, conceiving them to be 
entirely unnecessary in the present discussion, and in 
poor taste at any time. 

The writer makes it matter of complaint that I did 
not know what the precise orders of the IVMyor were, 
and he gravely remarks that it is seldom that a law- 
yer undertakes to give an opinion without a knowl- 
edge of the facts to which he applies his law. It is 
tr-u j , that I did not and do not know what the precise 
orders which the Mayor gave were, nor am I aware 
that this writer is any better informed even now. 
The public have not been favored with them; but in 
the absence of the very words, we may safely rely 
on what the Mayor said the orders were in his procla- 
mation. In that document he says, "That to se- 
cure order throughout the citv this day, Major Gen- 
eral Edmands and the Chief of Police will make such 
disposition of the respective forces under their com- 
mands, as will best promote that important object, 
and they are clothed with full discretionary pow- 
ers to sustain the laws of the land." The Mayor 
thus declared that the officials were clo'hed "with 
full discretionary powers to sustain the laws of the 
land." The precise orders were not criticised, 
but th«|substance, or what the Mayor said was the 
substance of them. That these orders were issued 
by the Mayor, and that he is responsible for them was 
fairly to be inferred from his proclamation, and is 
now admitted, with the qualification that' he acted in 



magistrates, or any of them, are to command the as- 
sistance of all persons present, "in seizing, arresiing 
and securing in custody the persons so unlawfully 
assembled." The next section (§2) provides for 
the punishment of persons for refusing assistance and 
for refusing to disperse. The next section (§3) pro- 
vides for the punishment of Mayors, &c., who neg- 
lect or refuse to perform the duties required of them 
by the preceding sections. The next section (§4) 
provides that when the rioters "who have been com- 
manded to disperse, as before provided, shall refuse 
or neglect to disperse, without unnecessary delay, 
any two of the magistrates or officers before mention- 
ed, may require the aid of a sufficient number of per- 
sons in arms or otherwise, as may be necessary, and 
shall proceed, in such manner as in their judgment 
shull be expedient to disperse and suppress such un- 
lawful, riotous, or tumultuous assembly." 

The militia having been ordered out are to obey 
orders according to law. The foregoing is the law, 
and how can any man of ordinary comprehension, 
who really desires to understand the subject, fail 
to see, that, before any two of the magistrates named 
can proceed to use an armed force, they must first 
have ordered the rioters to disperse, and must have 
taken every means as civil officers to produce this 
result, before resorting to an armed force? The pro 
vision is express, that this alternative is to be resort- 
ed to in the case of rioters, "who have been com- 
manded to disperse as before provided " And yet 
the writer in the Post indulges in poor pleasantries, 
because I laid down this proposition in the very lan- 
guage ot the law. What must be thought of the 
statement of this writer, that "the statute is directory 
to the Mayor as to his duty — so it is to others as to 
theirs — but the performance of that duty by him or 
them is not a condition precedent to his authority to 






^ 



call upon the mililia or give mem oraers." mat is , t 
to say, where the law says that the Mayor, &c. shall 
"20 among the people assembled" and command 
them to disperse, and shall call upon all good citi- 
zens to assist; and when the law further says that 
when the rioters have been so commanded to dis- 
pense and refuse to do it, then the Mayor or any 
magistrate "may require the aid of a sufficient num- 
ber of persons in arms or otherwise;" all this is 
merely "directory;" the magistrates may do it or 
not; they ought to do it, but if they do not, still, they 
may call in an armed force. 

If any two of the magistrates referred to shall un- 
dertake to act on these suggestions, and call in an 
armed force, and order them to fire upon a mob, be- 
fore such magistrates have complied with the plain 
requirements of the law— requirements by the way 
which are eminently humane, just, and reasonable,— 
they will find their legal knowledge enlarged by a 
personal experience which will be likely to make a 
lasting impression on their minds. 

But the fifth section ! This is the general store- 
house of power to disperse rioters and to fire into 
mobs without warning. In regard to this fifth sec- 
tion of the 129th chapter of the Revised Statutes, I 
formerly remarked, that there is a doubt whether it 
applies to cases of troops called out by a Mayor at 
all. Whether it does or not, it by no means alters 
or affects the fourth section, just quoted. It is in en- 
tire harmony witK that section. The preceding sec- 
tions of the chapter prescribe the duties of mag^ 
istrates in case of ordinary riots, mayors and al" 
dermen, selectmen, justices of the peace, sheriffs 
and deputy sheriffs. The fifth section includes such 
riots, and also those of a more grave character, 
amounting to civil war, and it points out the duties of 
the troops to obey the orders they may have received 
from the Commander-io-tmief, a Judge of a Court 
of Record, or the Sheriff of the County; it then says 
the troops shall "obey such further orders as they 
may receive from any two of the magistrates or offi- 
cers, mentioned in the first section." Now, the 
preceding section had provided what orders these 
magistrates may give, when they may give them, and 

under precisely what circumstances, namely, — after 
rihey have gone among the rioters, &c, then fhey may 
disperse them by an armed force. The fifth section 
does not alter or change* the fourth, in any respect. 
"Saich armed force," it says, "when they shall arrive 
at the place of such unlawful, riotous or tumultuous 
assembly, shall obey such orders for suppressing the 
riot or tumult and for dispersing and arresting ail the 
persons, who are committing any of the said offences, 
as they may have received from the Governor, or 
from any judge of a court of record, or the sheriff of 
the connty, and also such further orders, as they 
shall there receive from any two of the magistrates 
mentioned in the first section." Now, the magis- 
trates mentioned in the first section are Mayors 
and Aldermen of cities, Selectmen of towns, Justices 
of the Peace, Sheriffs, and Deputy Sheriffs. It is 
obvious that this section gives no different direction 
as to the manner of using an armed force by two 
magistrates. By the fourth section, the magistrates 
may call in the aid of an armed force in the last re- 
sort and after they have used all other means pointed 
out. By the fifth section they may also use an ar- 
med force, but they are still limited as to time and 
manner by the fourth section. 

This writer seems somewhat disturbed, almost 
alarmed, at the idea that the military are only to be 
called into actual service in the last resort, or in other 
words, until a riot actually occurs. 

•'How inadequate our protection — not to say how absurd 
would foe a law, for instance, that the civil authorities must 
wait till magistra'es and judges had been driven from their 
seals — (ill prisoners had been rescued — till crime had been 
committed — till the blood of citizens flownd in the streets, 
and the civil authorities hyd been overpowered by lawless 
men— till the mischief had nil been done, and then, in the 
last resort, when aid was unavailing, issue a precept to 
call out the militia! No; the law requires eo such insane 
course." 

Softly. One would suppose from these words — 
and they are nothing more — that we have no other 
means of keeping the peace than the militia. Where 



are all of our peace officers ? Uur mayors and al> 
dermen — our justices of the peace — sheriffs — consta- 
bles — police officers, and last, but by no' means least, 
our citizens, our law-abiding, peaceable and 
christian citizens ? I yield to no man in respect for 
the militia. I admit in the fullest extent their use- 
fulness. I admire their valor. I yield them praise 
for every good quality of citizen soldiery. But I 
confess the remarks of this writer, and occasionally 
the tone of private conversation not a little dis- 
turb me. One would suppose, that the milita 
force is our only force; that we should all be in 
danger of having our throats cut were it not for The 
troops. The sphere is sometimes like that of Austria 
or Naples. Men talk of calling out the troops as if it 
were, or is to be, an every-dav occurrence. Some 
people affect to think that the most expeditious, the 
safest and the best way of keeping the peace, in a 
community like ours, is by an immediate resort to 
the military arm, and they speak of placing the city 
under martial law as a matter not particrilarly objec- 
tionable. They never feel safe except under the- in- 
fluence of brimstone and bayonets. Now, 1 beg to 
say, with all possible respect for the militia, that, in 
all ordinary cases, and in almost all cases, our re- 
liance for safety and protection is upon the machinery 
provided hy '.he law — (&£& peaceful, quiet system 
which makes but little norae, and attracts but little 
notice, but which is, upon the whole, the most secure 
expeditious and energetic. Great military command- 
ers, able generals, like great statesmen, have always 
so regarded it, and ate ready to admit, that, in times 
ofdomestic commotion, the military should be subor- 
dinate to, and behind the civil power, and as much 
removed from the public eye as possible. We all 
remember the ch.irtist demonstralion in London, in 
1848, when the kingdom was shaken to its centre, 
and when it was asserted that 200,000 men were to 
march through London and take up their station on 
this new Runnymede. The London Times of April 
11, 1848, after mentioning in detail ihe immense 
military preparations made in London, proceeds to 
say: 

These formidable preparations, so carefully made by the 
Executive, would of themselves have been sufficient to sup- 
ptess with ease a far more exiensive and serious movement 
than thai of yesterday proved in the result. But Govern- 
ment was content to rest the cause of public, order more 
upon the truncheon ol ihe special constable and ihe police- 
man than on the bayonet and musket ol the soldier. The 
military, in accordance with the well-known tactics of the 
Duke of Wellington, remained invisible throughout the 
day , and no one would have dreamt that within hail almost 
of the spot where, the Chwtist demonstration took place 
there, lay in ambush a little army of disciplintd troops 
completely equipped and ready for action. The special 
constables, however, mustered 111 great torce; they conduct- 
ed themselves in a m ost admirable and efficient manner. — 
The total number ol special constables 111 the metropolis is 
now computed at a moderate calculation to be not less than 
150,000, and the zeal with which they have .crowded 10 he 
sworn in, and (o qualify themselves for wielding the trun- 
cheon, proves in a most remarkable and gratifying way how 
strongly Ihe love of ordt-.r and respect ior property are cher- 
ished in London. 

Is the " love of order and respect for property" 
any less strongly cherished in Boston than in Lon- 
don? Again : — 

The dexterous prudence that hid from the arena the very 
sight of arms, so that not a soldier, not a pensioner, scarce 
even a policeman, was seen, will greatly distin.uish thjs 
event from the grand military dramas which have recently 
ended in the catastrophe of Slates or <4 Kinns. For this rare 
result we have to thank the man whose greatest bo; si it is 
to have learnt the skill of peace in an experience of war. — 
It is the H, ode and manner of this day's decision which im- 
ports to it an instructive and filial character. 

The principle acted upon by the greatest military 
commander of the age, in a most perilous emergency, 
is precisely the one adopted in our laws, and the one 
that should be acted upon by our magistrates. The 
military is to be subordinate to the civil power. — 
They may be called out, that is, ordered to appear at 
specified times and places, armed and equipped. — 
After this they mav be called up by two Magistrates, 
by virtue of the fourth section of the Revised Sta- 
tutes, to disperse a mob, after the other means have 
been taken; or by the fifth section, "such armed force 
when .they shall arrive at the place of such unlawful, 
riotous, and tumultuous assembly, shall obey such 
orders, &c." Both of these sections clearly contemplate 



6 



I 












an actual not, that is, such an assembly as tne law 
calls a riot. The military are bound to come out on a 
threatened riot, and they are bound to obey orders in 
dispersing an actual riot. They are not bound, nor 
authorized, to lake the general supervision of affairs, 
but are themselves to act under, and in aid of, the 
civil magistrate. 

This is the common sense view of the whole mat- 
ter. It was never intended that the military should be 
put into actual service except in extreme cases. They 
are not policemen. They ought not to be called apon 
in every trifling case of apprehended resistance to 



orders as majt ne given you according to law. 

Hereof fail not at your peril, and have you then there 
this warrant, with your doings relumed hereon. 

Witness my hand and the seal of the City of Boston 
this thirty-first dav of May, A U. 1854 

J. V. C. SMITH, Mayor. 
So far, so good. The troops were ordered to ap- 
pear on Boston Common on account of a threatened 
riot. The next thing we have is a proclamation by 
the Mayor in which he informs the ciiizensof Boston, 
to whom it is addressed, that " To secure order 
throughout the efcy this day, Major General Edmands 
and the Chief of Police will make such disposition of 



law, and when they are called out, they should not the respective forces under their commands, as will 

be put into active service until the legal emergency best promote that important object, and they are 

arises, namely, an actual riotous assembly. On the clothed with full discretionary powers to sustain the 

conlraiy, the law expressly provides that Mayors and laws of the land." 



Aldermen of cities, and selectmen of towns, may 
appoint as many extra policemen as may be necessa- 
ry for any special emergency. Then, when a riot 
does actually occur, the law enjoins it upon Magis- 
trates to go among the crowd, to order them to dis- 
perse, and to call on good citizens to arrest the dis- 
oiderlv. Failing all these measures, then the militia 



poi 

Now, the great point is as to the orders which 
the Mayor here says had been given to General Ed- 
mands, and which it now appears were given to him by 
the Mayor and one alderman. Were they legal? Had 
the Mayor of this city any legal right to give Major 
General Edmands full discretionary power to sustain 
the laws of theland throughout the city. Admit, if you ' 



who may have been previously ordered out, are to j please, and for the sake of the argument, that he 

could delegate to General Edmands discretionary 
powers in case of a riot to disperse the mob, had he 
my power 10 issue such orders a9 this proclamation 



be brought "to the place of such riotous assembly 
to obey the orders of the Magistrates. 

But it i^ said, suppose the rioters are in different! 
places, the Mayor cannot be everywhere at once— coveted, when there was no riot at all^ butonly a 
Very tru<\ he may not, and the law provides for this, threatened rioi ? Could he put the whole city under 
and says that any two of the Magistrates may give Gen. Edmands ? Were the well ordered and well 
orders. AgKJn, it is asked whether the Magistrates disposed citizens to be piaced under the military as 

well as the \\\ disposed ? The Mayor is the chief 



are to give the orders to the soldiers directly? I am 
not disposed to question the result at which the wri- 
ter in the Post arrives, namely, that the Magistrates 
"should communicate with the commanding officer 
of the troops, and not with the privates or corporals." 
The writer in the Post says, "the Governor, at the 



executive officer of the city. He has 6worn to pre- 
serve the peace, to enforce the laws — can he throw 
up his power at every threatened riot and give the 
whole city over to*a military commander and his 
troops? Where does he get this power ? What 



state house, apprehending a riot at Worcester, may | avv g j ves i t t0 n j m > How long may he exercise it ? 
order troops there and command them what to do if h e may j lt f or a <j a y, why not for a month, if 
in case of riot when they get there, though at the he deems it necessary, and thus violate the whole 
time of giving the order, Worcester isas quiet as a spirit of our laws, and the genius of our institutions 
graveyard." Perhaps he may, and perhaps the fy p | ac i ng the military above the civil power ? 
troops may obev the orders given as this writer says The wrjler j n the p 08t has fai | ed to meet , his queg _ 
in case of riot; but suppose there is no not when | t j on . rj oes he mean t0 defend the act of the Mayor 
the troops "get there"; suppose Worcester is then anf j „f a sing | e Alderman, in giving the orders referr- 
as quiet as a graveyard, would the Governor have a ed „, in the proclamation, and of General Edmands 
right to delegate to the Major General commanding, j n receiving and undertaking to act on any such or- 
"full discretionary power to preserve th # e peace ders j Is there any iaw for it? If there be, I am un3- 
throughout the city of Worcester?" b | e t0 nDr j j t> Qn the contrary. I believe the whole 

This writer also contends that the Act of 1840, 'n-j thing was illegal and indefensible on any principl 
tended to enlarge the powers of Mayors of cities — 
to confer on ihem the same powers that were pre- oflaw or propriety. And, after a careful re-exami 
viously conferred on the Governor, Sheriffs and nation of the subject, I do not hesitate to repeat that 



les 



Courts of Record This assertion is entirely gratui- 
tous. The Act of 1840 in no respect enlarges the 
powers of Mayors, except in authorizing them to call 



"these orders were not only not sanctioned by law, 
but that they were totally opposed to the law," and 
the Major General, so far as he undertook to act un- 



out the militia. What they are to do after they are der them, was in an illegal position, and placed the 
ordered out rests on the law as it has stood for many men under his command in a peril, of which both 
years. they and the public have a right to make serious corn- 

Leaving now this discussion of the general subject, plaint. The whole thing was a palpable violation of 
let us consider the actual occurrences in this a great principle, and one which ought to be met with 
city, and particularly that one which was the main. decided condemnation from all good citizens, or else, 



subject of the first article in the Advertiser, namely, 
the conduct of the Mayor in conjunction with (as it 
now appears) one Alderman, in undertaking to dele- 
gale certain powers to General Edmands. 

What then was done in this city? The Mayor 



'Twill be recorded for a precedent; 

And many au error, by the same example, 

Will rush into the State. 

P. W 



Thb Military and Civil Power. 



c. 

Our neigh- 



called out the troops on account of a threatened riot, bor of the Daily Advertiser has fallen into a strange 
clered them to appear on Boston Common. 1 he . . • *v i *i. 



ippeE 
following words: — 



I and ord 
precept, was in the 

COMMONWEALTH OF MASSACHUSETTS. 

Suffolk ss Boston, May 31st, 1854. 

To Mnjor General Edtnands, commanding the first division 

i <»f Maw Vol. Mi itia. 

[l.s ] Whereas it has been made to appear to me Jerome 

V. c. Smith, Mayor of the City of Boston, that there 

is ihreHtened a tumult, riot and mob of a body ot men 

acting together by force, with intent to offer violence 



misapprehension in supposing that we regard the 
matter now in controversy respecting the Mayor 
and the military as '♦one of little importance." 
On the contrary, we have taken especial pains to 
impress upon our readers the very great import- 
ance of making as clear as possible the powers, 
responsibilities and public duties of the chief mag- 
istrate of a city : and we have referred by way of 



to persons and property, and by Ion e and violence to *» 
break and resist the fawa of this Commonwealth in J a 
the said Conniv of Suffolk, and that Military Force 

is necessary to aid the civil authorities in suppressing illustration to instances of great and deplorable 
^Now^herefore. 1 command you that you cause the disasters which have arisen from the misunder- 

]sl Brigade and the Independent Company of Cadets' gtanding or neglect of these duties. As regards 
io be detailed from your command, and to parade on ° . ° t _ 

Boston Common on the second day of June next, at 9 the legal points at issue, we Call the attention 01 
o'clock, A. M armed and equ.pped and with , ammu-i d tfa communication on this su bject, 

nilion according to law—then and there to ot>ey sucn. •> 

which will be found in another column. 






Sec LufZy 



Qmuut' 



To the Editors of the. Boston Daily Advertiser:— 

Observing the valuable article in your pap<>r of last 
week, on " The Civil and Military Pown" I am 
induced to contribute in" aid of the discussion, some 
testimony from an experienced military authority, 
drawn out in an actual and disastrous case of popular 
tumult. 

The point of chief interest in the discussion — or 
one of the points — is to determine the precise posi- 
tion which the civil magistrate should hold in refer- 
ence to the actual exercise of military force, and 
who should give the "orders" to the troops on the 
ground. There are expressions in an article in one 
of your city papers, to the effect that the civil magis- 
trate should "give the order to fire." There are 
references in the article in your own paper, to former 
occurrences, which convey the idea that the civil 
magistrate is to give, in such a case, actual military 
orders— such as the allusion to the Broad street riot, 
where it is said that the Mayor k * marched in the front 
rank of the troops, read]} to give upon the spot all 
the necessary orders," and the case of the Mayor of 
Charlestown, who "himself took command -■> uf the 
troops," 

1 do not understand the writer in your paper, as in- 
tending to vouch for the exact propriety of what is 
literally stated by these expressions, still less that 
he would justify the idea of the other article referred 
to, that the civil magistrate should give the actual 
" order to fire." 

it is very evident that the civil officer ought not to 
assume an actual military command, or give any 
strictly military order. He must be presumed not to 
know what precise military movement, position or 
action is best suited to meet the exigencies of the case. 
He is bound to direct and command the civil force, 
until its elliciency is exhausted. Then, the military 
force being called into action, its movements and ac- 
tion must be directed by military skill and command. 
The military officer may not see a necessity to order 
his men to " fire." He may prefer to charge with 
the bavonet, or he may accomplish the object of 
checking the mob, merely by placing his men in some 
skilful and effective position. Which of these or 
other courses to adopt, are military questions, beyond 
the competency, and therefore beyond the duty of the 
civil magistrate. 

The authority which I wished to adduce, is that of 
Liet. Col. Hogarth of the 26th Regiment of the Bri- 
tish army, on the occasion of the fatal tumult at Mon- 
treal, twelve months ago. There, the very question 
arose, who gave the order to (ire? and whether any 
order to that effect was rightfully given ? The 
Mayor was on the spot, in the midst of the force, and 
the firing was in all probability, as needless and ill- 
timed as it was disastrous. The strict severity with 
which these questions were investigated and discussed 
both in the civil and military court* of Montreal, even 
to the extent of a capital indictment of the Mayor, 
affords a valuable lesson for our tribunals, and for 
our officers both of civil and military grade. 

Col. Hogarth, in his testimony before the Coroner's 
Jury states: 

"i have been 36 vears in the army. The regula- 
tions observed in the army, when the troops are 
called out to repress a disturbance, are these: — When 
a body of troogs accompanies a magistrate, and when 
the magistrate finds the civil power is at an end, he 
then hands his power over to the, military officer, 
saying, '1 leave it in your hands to suppress this dis- 
turbance, as best you may.' The magistrate re- 
mains alongside of. the officer, close by him, and 
when the officer finds it absolutely necessary to re- 
sort to filing, he will only fire with one file at a j 
time, —that is, from two men. Jf that does not do, 
he repeats the fire again with another file, or two 
files, as the case may bp, not resorting to harsh 
measures, as long as quiet means will do. If the 
files have no effect, he then fires a volley from a 
section, which should not consist of more than five 



files. So he goes horn little to more, mi nis end is 
accomplished. Decidedly, in all cases, thesoldiers 
are to take orders, not from the magistrate, but- from • 
the officer in command. 1 tnyself gave no orders to 
fire. I had no idea of it at the time. [He was on 
the spot, in command of a hundred soldiers, with 
other officers ] The order to fire should have been 
issued l>y me. None of the officers have a right lb 
give the order to fire without my leave. I doubt, 
whether thev are entitled to do it, even with my 
leave, while! am present. 1 cannot account for the 
troops having fired without my orders. * * * 
The troops were ordered to take no orders but from 
me. * * * I had previously explained to the 
Mayor, that the order for firing must proceed from 
myself." 

Lieut. Quartley, of the same regiment, testified 
explicitly that the Mayor gave the order to fire. 

"He (the Mayor) turned towards the men, looking 
towards the right of the company, and shouted — 
4 Fire in the Queen's name! — Fire!' I immediately 
called out for the men to cease firing. After itr had 
ceased, I ordered the men not to fire again, and 
blamed them in different parts of the company for 
having fired without order from an officer. One said 
it was high time to fire, as a bullet had passed close 
to his head; another, that he hnd seen officers obey 
the orders of the Mayor, and thought they should fire 
when the Mayor ordered them. Our fire checked the 
crowd; perhaps they might have been dispersed 
with a charge of bayonets." 

Captain Cameron, another officer of the military 
force, describing the particular manner in which the 
troops were led to the scene of the tumult, testified: — 
"We marched off, the Mavor still continuing to 
call upon us to run, as he called it, as we little knew 
what was going on. I asked Col. Hogarth if I should 
order the men to double. His answer was, INo! 
keep your men cool, and see that no one obeys any 
order except mine. On two or three occasions, the 
Mayor again attempted to give words of command to 
the men, and on each occasion Col. Hogarth invaria- 
bly repeated the same words to the troops, 'you will 
take no orders except from me.' " 

As the firing was in part from Captain Cameron's 
party, an attempt appeals to have been made to 
show that he ordered it, and requested the Mayor's 
authority to order it. To which he replies: — 
I "I declare here on my solemn oath, that I never 
asked the Mayor whether I should fire. In fact, it 
would have been impossible for me to have been 
guilty of so gross a breach of discipline." 

The bearing of these extracts from the testimony of 
: high military authority, upon the incidents recently- 
occurring in your city, arid upon the question of the 
relative duties of the civil and the military power, is 
sufficiently obvious to render further comment unne- 
cessary. They may be of some service in correcting 
the popu'ar ideas upon a matter of so much import- 
ance. 

There is one other sentence in the testimony of 
Col. Hogarth, which it may b° of practical utility to 
reproduce. It is not only of consequence, that the 
order to fire should be given at the proper 
time, by the proper officer, but that an equally 
competent authority should know when and how to 
cause the firing to cease, Col. Hogarth says: — 

'•There was a 3lur cast upon my character as a 
military officer, by one of the witnesses, on account 
of the slow way, that I caused the firing to cease. 
He little knew how difficulta matter it is to cause 
troops to cease firing, when once they begin. It is 
only by the bugle that in can be done. It is out of 
the power of a man's voice. The whole fire did not 
last over a few seconds. Before that time, the bu- 
gle had sounded. My bugler, in compliance with my 
orders, sounded immediately to make them cease fir- 
ing." 

The exact experience and skill required for such 
an occasion may well be learned by our citizen sol- 
diery, from competent officers of a regular armv. 

p."b. 






%~ 



DAILY ADVERTISER; 



&.9WA 



MONDAY MORNING, JfrtfE 19, 1854. 

Boston Music Hall Association.— At the 
annual meeting of the share holders of this corpora- 
tion, held on Wednesday last, the old Board of Di- 
rectors were elected. From the Treasurer's report 
for the whole period since the hall was opened (eigh- 
teen months), we take the following leading items: — 

The whole cost of land, building arid furniture has 
been $153,904. To meet this a debt was originally 
incurred of $43,500, which is now reduced to $40,- 
000. 

The total receipt for eighteen months have been: 

For Public Meetings, Lectures, <Sec... $4,25) 67 

C on certs mid Oratories 11,496 74 

Rev. Mr. Pirker's Society 1.875 00 

lnrerest on loans 53 71 



Wlio'e income $17,P77 12 

The expenses for the same period, chargeable to 
income, and including insurance, gas, fuel, taxes, in- 
terest on debt (3338), rent of organ, salaries, &c, 
amount to $10,740 81: * 

Which leaves a net income of $6, 936 31, or $4,- 
624 21 per annum, and if divided would give $4 33 
per share per annum, on ihe present number of shares; 
the par value of a share being $100. 

We understand that the stock vote upon terminat- 
ing the lease of the hall to the congregation of Mr. 
Theodore Parker, which has been alluded to in va- 
rious journals, was thus, aye, 260 shares; nay, 290 
shares, thus leaving the matter in the hands of the 
Directors by a majority of 30 shares. 

The resignations of Charles P. Curtis, Esq., as 
President and Director, and of Chas. H. Mills, Esq., 
as Director, succeeded this vote. 

The whole number of shares is 1066. 



Of these, six spoke against the motion and two 
for it. Of the 291 votes against it, 280 were cast 
designedly,, and by seven stockholders. Of the : 
261 for it, as will be seen, 100 were furnished by 
an agent of a stockholder in Europe. As far, 
then, as the votes were an expression of the 
wishes and intentions of the stockholders,— 161 
were cast for the order by four stockholders, and 
283 against it by seven stockholders— and this 
with ample preparation on the one side and none 
on the other. The matter was always in thehands 
of the Directors—the object of the order was to 
take it out. 

The result indicates the sentiments of the Di- 
rectors, and the determination to exclude from 
their councils all political, sectarian, or personal 
considerations, and to lease the Hall to all per- 
sons and societies who will give satisfactory se- 
Ouiity for the rent, and, if required, for the safety 
and proper use of the building and furniture. 

A Director. 



*55S»asSS , *»3S"' 




PUBLISHED BY S. S. WINCHESTER & P. K. BARGER. 



WILKES-BARRE 



". «* ^•-» >— 



WEDNESDAY, JUNE 7, 1854. 



v 



J 



YEN IN G TRANSCRIPT.! 



'-:.: ,v 



Boston Music Hall— Annual Meetino. 
"Audi alteram partem." Mr. Editor: A para- 
graph in yesterday's Daily Advertiser, copied in- 
to last evening's Transcript, being, fromthe/ofm 
of it, likely to mislead, I will ask the favor of a 
small space in your columns to give a succint 
but full statement of facts. The statement in 
the Advertiser italicises this line: "Thus leaving 
the matter in the hands of the Directors, by a ma- 
jority of 30 shares"— for what purpose is best 
known to the writer of it. It is in no sense a con- 
tradiction of any statement I have seen in any 
other paper. 

The order offered at the meeting (a stockhold- 
ers meeting), was : "That the Directors be in- 
structed to terminate the lease of the 28th Con- 
gregational Society as soon as it can legally be 
done, and not to renew it." The party introduc- 
ing it held proxies for 150 of the 261 shares 
brought to support it; 100 of these the property 
of a gentleman in Europe, who of course did not 
know of their being so used. The remaining 111 
shares were held by two Directors and one stock- 
holder. Arrangements were made earlier than 
the 8th inst. to carry this measure, of which I 
have documentary proof. To the best of my be- 
lief, no stockholder, other than the above men- 
tioned four, knew of any such intended move- 
ment until the very day of the meeting. 

The treasurer's report having been printed and 
distributed before the meeting, and no business 
of importance anticipated, the meeting was a 
small one— only 12 stockholders being present. 



Theo : F. Parker & Co, 

There is but one step between that t{ liberty 
of speech" which is the boast of this Republic, 
and that fanaticism that amounts to absolute 
treason! This sentiment is illustrated when 
we look at the history of the late Fugitive Slave 
case in Bos'ton. The Nebraska Bill has passed, 
the Union is in no danger by its passage, and 
the sober, thinking men of the North are satis- 
fied with the result. . A few fanatics, however, 
paid hirelings of British vilany as we are al- 
most led to suppose, have become exasperated 
by defeat, and in their extreme anxiety to array 
the North against the South, regardless of con- 
sequence?, have found a fruitful theme in this 
slave case, to utter and publish their miserable, 
hypocritical philanthropy. With the circum- 
stances attending the case most of our readers 
are familiar, but hava they considered the mat- 
ter of sufficient importance to weigh carefully 
the vile and infamous sentiments poured forth 
by men who should know better, men whose 
position in society, give them no inconsiderable 
influence. Have they reflected upon the nature 
and tendency of such sentiments. Theodore F. 
Parker, a Reverend gentleman who pretendsj 
that he was influenced by the Spirit of Truth 
to preach that Gospel, which is the Gospel of 
peace, who claims that he was commissioned 
by Heaven, to teach men the doctrines and life 
of that meek Saviour, who when he was crwci«j[ 
fip,d prayed for his murderers, this burlesque 
upon the character f christian minister^ has v 
found an opportunity in this Boston Slave case 
of exhibiting his cloven foot. Presuming upon 
his profession, it is with impunity he can incite 



an infuriated m3b to scenes "of murder and 
bloodshed!. When asked to subscribe "mate- 
rial aid," to purchase Burns, he says that all 
he can subscribe is " brains and bullets." This 
is characteristic, just what might be expected. 
He had rather hire poor Burns at ten cents per 
day, and then defraud him out of his wages, 
than subscribe one cent for his purchase. He 
has no money, but he has " brains," to use in 
his fanaticism to fasten the chain tighter upon 
the arm of the slave, " brains," to spread anar- 
chy and bloodshed over the land if he can, 
" brains," to excite a drunken mob to murder 
and violence and to disgrace his holy profes- 
sion ! God deliver us from the possession of 
such "brains." But more than this, he has 
"bullets" to send home to the hearts of those 
who are charged with the enforcement of the 
laws of the land under which his Reverence, is 
protected in his life, property and limb, " bul- 
lets" to place in the hands of a besotted mob, to 
shoot down United States officers in the dis- 
charge of their sworn duty, and who are endea- 
voring to enforce the laws of the land. This 
is a beautiful specimen of a christian minister ! ! 
If the voice of Andrew Jackson could sound in 
the ears of President Pierce, it would say to 
him, cause this clerical traitor to be arrested, 
strip from his shoulders the robe he has dis- 
graced, and consign him to a felons dungeon to 
answer the charge of treason and outraged mo- 
rality. His treasonable speeches are enough 
to wake into life the dry bones of the old Hero 
of the Hermitage. Be the Fugitive Slave Law 
right or wrong, in no view of the case is such 
conduct to be countenanced. We doubt the 
philanthropy, honesty or sanity of the man 
who urges forcible resistance to the Fugitive 
Slave law. We love our country, and we re- 
spect its laws, we love the christian religion, 
and its honest ministers; but we detest the 
hypocrite, under a philanthropic garb preach- 
ing discord and murder, be he christian minis- 
ter, or be he devil. We love the man who 
dares express his opinions openly and fearless- 
ly, but we would consign to the gallows, the 
man who uses forcible resistance to the laws, 
passed by ihe majority, a.nd satisfactory to the 
great body of the people. We have but one 
desire in reference to this man Theo : F. Par- 
•ker, which is that the respectable religious de- 
nomination of which he is so disgraceful a mem- 
ber, will deprive him of the privilege in the fu- 
ture of disgracing their name, and calling, by 
declaring him unfit to be a preacher of the Gos- 
pel, for in that case, he would stand in his true 
colors, being only a political factionist and 
demagogue, only fit to preach treason and vio- 
lence to a besotted and fanatical mob. The 
Government has reason to rejoice, that in Bos- 
ton there are true men, worthy of their fathers, 
who are attached to the Union and its constitu- 
tion, loving its happiness and aiding in its pros- 
perity, and this even amid the influence of Par- 
ker, Giddings, Wendell Philips, & Co., and if 
these men are'dissatisfied with the laws of this 



Union, the sooner they put their carcases among 
the Grebo's of Africa, the better it will it be 
for the peace of society and the welfare of the 
Union. We have no hesitation in saying that 
the injury inflicted upon this Govarnment by 
all the Galphinites and Gardnerites, since the 
days of the Revolution, are not to be compared 
with the evil influences of one of Theo : Par- 
ker's insane speeches. We had rather have a 
thousand leeches sucking at the Public Treas- 
ury, than one wolf in sheep's clothing, preach- 
ing under tha name of benevolence, anarchy, 
disunion and discord. Truly, the English Gov- 
ernment need no better emissaries among us to 
furthei their vilanous* schemes than Parker, 
Philips tt id omne genus. 



. yf-i-'d u ■ 



Boston Slave Case. 

If there was anything wanting to convince 
the honest mind of the falsity, the vicious and 
anti republican tendency of the Whig-abolition 
doctrine of our day, we feel it to be abundantly 
supplied in the history of the late riot at Boston. 
The band of incendiaries, of that city who un- 
der the pretence of obeying the commands of a 
higher law, and carrying out, (falsely called) 
christian principles, have been guilty of creating 
a civil insurrection and murdering a United 
States officer while in the discharge of his sworn 
duties. A colored man was arrested as a fu<*i- 
tive slave, and before he had a hearing and his 
true condition established, a public meeting was 
called, the act of Congress requiring fugitives 
to be delivered up was denounced as a usurpa- 
tion, and the meeting was advised to openly re- 
sist it. Under this wicked and illegal counsel 
a mob attacked the Court House, where the col- 
ored man was taken for security until his case 
should be heard, and in the defence which tht 
officers of the law made to this violent attempt 
at rescue, one of the officers was killed. Tht, 
city authorities immediately took measures to 
preserve the public peace and assist the proper 
execution of the laws, by calling out the milita- 
ry. This put a check to the operations of the 
lawless, and on Friday last the United States 
Commissioner surrendered the fugitive slave 
Burns to his master. He was immediately con- 
veyed on board a revenue cutter, which with- 
out delay set sail for Norfolk. Our account of 
the proceedings discloses a singular spectacle, 
and one which the people of Boston will long 
remember. The militia lined the street from 
the Court House to the place of embarkation? 
where fifty armed policemen were stationed, 
and the fugitive was escorted by one hundred 
and forty-five regular troops, including a de- 
tachment of artillery with a nine-pounder load- 
ed with grapeshot. Business was generally 
suspended, and many of the buildings were dra. 
ped with black. An immense throng assem- 
bled in the streets, which greeted the military 
with groans and hisses but with the exception 
of several trifling collisions incidental to all 
large gatherings, there was no violent exhibi- 
tion of the deep and intense feeling that evi- 



/A 



dently prevailed. The law has been .vindica- 
ted, the treasonable designs of the abolitionists 
have. been again thwarted, order preserved, and 
we sincerely hope the example will not be lost 
sight of wherever rebellion finds an advocate. 

In the meanwhile, somebody has incurred a 
fearful responsibility in counselling resistance 
to the authority of the law. In this country, 
above all others, law should be predominant, as 
law is the sovereignty of the people. It is the 
expression of the popular will, and as our gov- 
ernment is based upon the absolute rule of the 
majority, or greater number, any resistance to 
the law is an attempt on the part of the minori- 
ty or few, by revolution, to overthrow the fun- 
damental principle upon which the government 
is based. 

Such an audacious attempt to subvert the au- 
thority of the law, it is easy to perceive, would, 
if successful, lead to civil war*, anarchy, and all 
the attendant horrors of intestine commotion, 
such as we see Mexico and other southern coun- 
tries, republics only in name, continually con- 
vulsed with. Whatever cause may exist for 
riot and revolution in countries where the prin- 
ciple of sovereignty is less universal than in 
this, violence never can be the rightful remedy, 
here, where the laws, through the people's rep- 
resentatives, are of the people's own making, 
and those who execute them are of the people's 
own choosing. The only legal means of get- 
ting rid of any statute obnoxious to a minority, 
is to agitate its repeal, until the justice of a 
change is generally recognized, and those who 
constitute the minority, by accession to their 
numbers, become a majority. Until this change 
is effected, the few must submit to the decioion 
of the many, or republican government cannot 
exist. It would be nothing but a rope of sand, 
which any dissatisfied persons might at any mo- 
ment pull to pieces. The government of the 
United States is not a government of any par- 
ticular section of the Union ; it is a government 
established, under Constitutional guarantees, of 
the whole people, and as long as it subserves 
the good of the greatest number, it fulfils the 
end for which it was created. Those who live 
under the protection of its laws have either to 
obey them or leave the country for one where 
they can have a larger license. If they under- 
take to resist the government in the lawful ex- 
ercise of the authority delegated to it, they de- 
serve to be considered and should receive the 
punishment of traitors to constitutional liberty. 



From the New Bedford Mercury. 
Mr. Curtis's Second. — In an old Italian poem— a 
burlesque of the Orlando Inamorato —it is related, 
that a certain truculent knight had the misfortune to 
lose his head, but, as the worthy man did not per- 
ceive what had happened to him, he went on fighting 
in the most preposterous manner. We do not say 
that Mr. Curtis is in an absolutely acephalous condi- 
tion, but we must at least declare, that there is no 
more head in his last letter than there was in his first. 
He sticks well to his hobby-horse, but he puts him 
through no new paces; we are only treated to the 
same old caprioles and grave curvets. Perhaps, in his 
second epistle, he is a shade more solemn and fune- 
real than he was in his first, for he certainly writes 
more like a Lord Chief Justice than a human being, 



and there is a Rhadamanthine seventy in every stroke 
of his pen. The sepulchral style of his letter is only 
once relieved by a suggestion of placidity, and then 
it is the placidity not of Mr. Curtis, but of Mr. Jus- 
tice Davis, who was long since gathered to his fathers. 
Not to lower the sublimity of his position by any 
earthly termination, he conducts himself, after a se- 
ries of virtuous actions, to the Day of Judgment, and 
intimates that upon that tremendous occasion, United 
States Commisioners will be a great deal better off 
than their neighbors. If we did not mean to be very 
polite, we should certainly gall this very Pecksniffian. 
Mr. Curtis elevates slave- catching to the dignity of 
a religion, and favors us with; his Articles of Faith, 
which, though only five in number, he evidently 
thinks are of quite as much importance as the old- 
fashioned Thirty-Nine. We do not know why he 
should have been at the trouble of this confession, or 
of making a rejoinder of any sort. We conceded to 
him all that he now reiterates; we explicitly admitted 
that in such discussions as these, he had the law and 
the logic upon his side, and that he was authorized 
,by Act of Congress to say pretty and pompous and 
patriotic things; but we endeavored also to show, that, 
as there is a faith higher than reason, so there may be 
a principle of action which is abstractly, if not prac- 
tically, higher than the law. This is what Mr. Cur- 
tis cannot understand, but it is an idea which men 
quite as worthy as he is, have embraced and defended 
to the bitter end. It may seem very ridiculous in 
these days of militia glory, that members of the re- 
spectable Society of Friends should always have re- 
fused to put on epaulets; but we believe that in 'spite 
of a practice which Mr. Curtis, no doubt, thinks se- j 
ditious, they have usually been regarded as pretty 
good citizens. 

Mr. Curtis says, that when we speak of the odium 
which attaches itself to those who manifest an eager- 
ness to execute an unjust law, we avow a principle 
of action new in our social history. We answer that 
such an odium is a natural necessity — an irresistible 
consequence, for which those only are responsible 
who have provoked it by imbecile and lunatic legisla- 
tion. And, while we assert its necessity, we deny 
its novelty. If Mr. Curtis, about a hundred years 
ago, had been authorized by His Majesty, George III., 
to vend to the people of Massachusetts the stamps 
which that monarch so graciously desired to sell to 
his trans- atlan tic subjects, Mr. Curtis would inevita- 
bly have been tarred and feathered, because he would 
have continued in the business long after prudence 
had counselled its abandonment. By the accident 
of his birth he has escaped the Berkleyan balmage; 
but the moral demonstration continues to be very 
possible, and though the body may avoid, the soul 
may receive the plumy honors. Official odium a new 
idea! What then has given to certain words a base 
significance? Why do we hold in contempt "com- 
mon informers" — why is not society more in love with 
"spies?" Is there a low official who does for hire 
what gentlemen would die rather than undertake, 
who might not repeat the complaints of Mr. Curtis, 
and demand admission to the drawing rooms and 
a place at the dinner tables of Beacon street? Even 
the vilest services must be faithfully performed, and 
loyalty is a quality as necessary in those who grovel 
for government, as in presidents and prime minis- 
ters; but cannot Mr. Curtis conceive of the possi- 
bility of his receiving orders from Congress or the 
Cabinet, which all his patriotism could not compel 
hirn to perform? Is there no employment which the 
exigencies of the government might demand, so 
servile that Mr, Curtis would reject it with indig- 
nation? Yet this is a land of equality, and in the 
eye of the law, Mr. Curtis is no better than the man 
who sweeps his office and takes out his letters. 

Mr. Curtis declares that if the public contemptj 
reaches him it must also reach Mr. Justice Sprague, 
who may likewise be called upon to issue warrants. 
We suppose Mr. Justice Sprague understands this 
quite as well as Mr. Curtis; for, although fully quali- | 
tied to do so, he has issued no warrants — he has left 
that business to his subordinates, just as he has left 
the service of libels and the arrest of refractory sailors. 



// 



And, in this connection, we beg leave to ask, why, if 
"competent hands" are demanded, the fugitive should 
not have the benefit of the most competent? Why is 
he put off' with the paltry Commissioner, when he is 
entitled to the Justice? Why is he compelled to con- 
tent himself with the subordinate scratch, when he 
has a constitutional and moral right to the benefit of 
a full bottomed wig? 

In a very mysterious way, Mr. Curti3 informs us, 
that monster as we think him to be, he has often 
been consulted by fugitive slaves, — a piece of infor- 
mation which he complacently thinks will astonish 
us. It certainly does not. Nothing can give a livelier 
idea of the distraction and despair of these poor crea- 
tures, than the madness with which they have flown 
to Mr. Curtis, as the moth flies into the candle. Mr. 
Curtis says that they were not singed for their confi- 
dence, and we are glad to hear it. 'Twas a miracu- 
lous escape; and, since Mr. Cujrtis has promulgated 
his Articles of Faith, we advise no errant son or 
daughter of Africa to repeat the experiment. They 
can hardly be quite at their ease after this new Bos- 
ton Confession. Since Mr. Curtis, from his exten- 
sive advertising arrangements, is likely to go pretty 
largely into the business of "renditions," the con- 
sciousness of having assisted one or two unhappy 
wanderers, must be a positive emollient to his sensi- 
tive spirit; and it is in the same way, that publicans 
compound for the sale of their uninspected beverages 
by heading subscriptions for the widows and orphans 
they have created. Ten dollars are put down to the 
credit of the cocidus indicus, and all the progeny of 
the poisoned wretch sport in new tunics on the 
strength of the strychnine which murdered their 
father. 

Mr. Curtis has never thought it his duty to discuss 
the Fugitive Slave Law. Unfortunately for him, oth- 
ers have thought differently, and it is the settled con- 
viction of almost every maji, woman and child in 
Massachusetts, that the law is needlessly cruel, in- 
geniously remorseless, and antiquated in its tyranny. 
Against this general belief Mr. Curtis sets his face, 
and he has a right to do so if he pleases. 'Tis the old 
Horatian de gustibus over again, and, if a man has a 
taste that way, he is at liberty to indulge it. But the 
right of private judgment which Mr. Curtis claims, 
does not belong to him exclusively. He may think 
his fellow creatures very seditious, and they may re- 
turn the compliment by pronouncing him unusually 
pragmatical. His bones may fairly ache to send them 
all to the House of Correction, and the least tolerant 
of them may burn with desire to witness the removal 
of Mr. Curtis from the office of Justice of the Peace. 
Mr. Curtis thinks he is right— the people of Massa- 
chusetts think he is wrong; and it is a little curious, 
,that this is precisely the relative misunderstanding 
which always, exists between the unfortunate inmate 
of a lunatic asylum and his keepers. But Mr. Curtis 
j will reap one advantage from his solitary position. 
I When, in the political masquerade of last fall, he ap- 
I peared as "Phocion," he expressed the hope that he 
might never hold any office in the State government 
higher than that of Justice. He is in no clanger: up- 
on that point he may possess his soul in peace. 

As his tastes and aspirations are so largely national, 
we ardently hope, while there is a Curtis to be em- 
ployed, there will be a Federal Government to em- 
ploy him in treason cases and telegraphing, if in 
nothing more. Unfortunately, in 1845, Mr. Curtis 
solemnly resolved in Faneuil Hall, that the Union 
had been dissolved and the Constitution overthrown 
by the admission of Texas; but it is possible, that 
what he then declared destroyed, he has since recrea- 
ted upon paper. It was certainly a little odd that 
such a . mastodon of loyalty could be stung by any- 
thing into an antic so revolutionary, but the most 
pachydermatous are sometimes punctured; and since 
Mr. Curtis has found by experience, how easy it is to 
be elegantly treasonous and fashionably seditious in 
very good company, he ought to be a little more char- 
itable towards those who stop short of announcing 
the nullification of the laws, and content themselves 
with demanding their amelioration. 



I wish to express 
medium to those 



Card of Acknowledgment. 
my sincere thanks through this 
friends of the enslaved who have presented to me so 
many rich and valuable presents. 

It seems strange to me, however, that society should 
he in :such a condition that a man is to be rewarded 
for doing that for which he ought to be punished if 
he fails to perform. Joseph K. Hates. 

Boston, June 19iA, 1854. 



The following correspondence will be read with in- 
terest. This letter is from the ladies : - 

Will Mr. Hayes accept the accompanying purse, 
with its contents, $153, as a token of respect, from 
many ladies of Boston, who honor him for resigning 
his office, rather than be implicated in the execution 
of the infamous "Fugitive Slave Bill." 

The ladies feel that a consciousness of right-doing, 
is more to Mr. Hayes than gold or silver, but he must 
allow them to express their high appreciation of his 
noble deed and their heart-felt regret that no other 
officer concerned in the late slave case, was found to 
follow his bright example. E. L. Curtis, 



Boston, Jane 11. 



E. D. Cheney, 

S. H. WlLLARD. 

Juliet Taet, 
In behalf of the Ladie3. 



Uncle Tom's Cabin, Illustrated. Mr. Hayes: 
Permit me to present you with this book as a slight ex- 

Eression of my admiration for the noble example you 
ave so recently set to our whole country in preferring 
worldly loss rather than a loss of manhood and honor. 
May the blessing of God ever follow you and yours 
for your steadiness in refusing to execute the infamous 
and irreligious Fugitive Laiv. 

Yours with admiration and esteem, 
Boston, June 6, 1854. H. B. Stowb. 

Plymouth, June 17th, 1854. 

Joseph K. Hayes, late a Captain of Police in the 
city of Boston: Dear Sir — Please accept the accompa- 
nying gold watch and chain, which I have the honor 
of presenting you in the name of many of the inhabi- 
tants of Plymouth, who are desirous of expressing 
their approbation of your noble conduct on the 2d 
instant, in resigning your office rather than assist in 
the execution of the infamous Fugitive Slave Bill. 
The watch and chain are the gift of members of all 
political parties, and woman has joined "with alacri- 
ty'' in a desire to honor your ready sacrifice upon the 
Altar of Freedom. 

Those who know you personally, are aware that to 
you there was no sacrifice, nor a moment's hesitation, 
in these degenerate times, if persons in authority 
were like you, the Fugitive Slave Bill would find 
none to execute it; and men would no longer shelter 
their conscience under the so called "duties" of office. 
So far as our knowledge extends, you are the first 
person in public or private station called upon to join 
in its execution, who has peremptorily declined. We 
have, therefore, deemed your conduct worthy of 
especial remembrance. 

I am, dear sir, with great respect, very truly yours, 
Chas. G. Davis, for the donors. 



The watch has the following inscription : "Citizens 
of Plymouth, descendants of the first fugitives for 
Liberty to New England, to Joseph K. Hayes, for his 
prompt sacrifice to the cause of freedom on the 2d of 
June, 1854." 

It was purchased at the establishment of Mr. Josiah 
Gooding, 83 Washington street, and is a very costly 
and elegant watch, accompanied with a massive gold 
chain. 

and justice. The ladies of Woburn, it will be re- 1 

membered, sent Mr. Loring "thirty pieces of sil- 

ver." He has returned them, with the following 

note : — 

"Mr. Loring returns the enclosed money un- 
opened, as be does not need such a memorial to 
keep fresh his regrets at having incurred the cen- 
sure of those who sent it. June 5, 1854. Boston." 



Wendell, Phillips writes to W. L. Crandall, 
of New York, as follows .— 

Bear Sir,—I did not ask the Mayor to protect 
my house. If you are an observant man, you'll 
know it is wholly too early to expect truth from 
the press, about Abolitionists, though I believe 
the New York press has corrected ahis lie. 

June 3d, 1854, Wendell Psillxps. 



IX 



Chahge of Judge Cuktis. The charge deliv- 
ered yesterday, by Judge Curtis, to the Grand 
Jury of the United States Circuit Court,will be read 
with peculiar interest. The pertinency of his al- 
lusions to recent events in this city must strike 
every observer. It will be seen that the Judge 
directs the attention of the jury, not only to the 
actual perpetration of crime, but to the criminali- 
ty of those whose instigations, incitements, advice 
and procurement are instrumental in causing 
erime to be committed. Such accessories before 
the fact become involved in the guilt of those who j 
perpetrated the actual deeds of crime, and they 
arc equally amenaMe to the law for punishment. 
This is sound doctrine, and we earnestly hope it 
will be carried into practice. There will be no 
safety for any man's life as long as we permit 
men to go unpunished who teach felony and se- 
dition as a trade, and commit murder by procura- 
tion because they are too cowardly to lift the as- 
sassin's dagger themselves. We trust the Grand 
Jury will do.their proper duty on this occasion:— 
There is another criminal law of the United 
States to which I must call your attention and 
give you in charge. It was enacted on the 13th 
of April 1790, and is in the following words : — 

If anv person shall knowingly or wilfully obstruct, resist 
oropDo'eany officer of the United States in serv.ng, or at- 
tempting to serve or execute any mesne process or warrant, 
or anv rule or order of any of the Courts ot the United states, 
or anv other legal writ, or process whatever, »r -shall assault, 
beat or wound any officer, or other person duly authorized 
in se'rving or executing any writ, rule, order, process or war- 
rant aforesaid, men person shall, on conviction, be imprison- 
ed not exceeding twelve months, and fined not exceeding 
three hundred dollars. 

You will observe gentlemen, that this law 
makes no provision for a case where an officer, or 
other person duly authorized, is killed by those 
unlawfully resisting him. That is a case of mur- 
der, and is left to be tried and punished under the 
laws of the state within whose jurisdiction the of- 
fence is committed. Over that offence against tho 
laws of the state of Massachusetts we have here no 
jurisdiction. It is to be presumed that the duly 
constituted authorities of the state will, in any such 
case, do their duty, and if the crime of murder 
has been committed, will prosecute and punish all 
who are guilty. 

Our duty is limited to administering the laws 
of the United States ; and by one of those laws, 
which I have read to you, to obstruct, resist, or 
oppose, or beat, or wound any officer of the 
United States, or other person duly authorized, 
in serving or executing any legal process whatso- 
ever^ is an offence against the laws of the United 
States, and is one of the subjects concerning which 
you are bound to inquire. 

It i* not material that the same act is an offence 
both against the laws of the United States and of 
a particular state. Under our system of govern- 
ment, the United States and the several states are 
distinct sovereignties, each having its own system 
of criminal law, which it administers in its own 
tribunals ; and the criminal laws of a state can in 
no way affect those of the United States. The 
offence therefore of obstructing legal process of 
the United States is to be inquired of and treated 
by you as a misdemeanor, under the act of Con- 
gress which I have quoted, without any regard to 
the criminal laws of the state, or the nature of the 
crime under those laws. 

This act of Congress is carefully worded, and its 
meaning is plain. Nevertheless, there are some 
terms in it, and some rules of law connected with 
it, which should be explained for your guidance. 
And first, as to the process, the execution of which 
is not to be obstructed. 
,, The language of the act is very broad. It em- 



braces every legal process whatsoever, whether is- 
sued by a Court in session, or by a Judge, or 
magistrate, or commissioner, acting in the due 
administration of any law of the United States. 
You will probably experience no difficulty in un- 
derstanding and applying this part of the law. 

As to what constitutes an obstruction — it was, 
many years ago decided by Mr. Justice Washing- 
ton, that, to support an indictment under this law, 
it was not necessary to prove the accused used, or 
even threatened active violence. Any obstruction 
to the free action rf the officer, or his lawful as- 
sistants, wilfully placed in his or their way, for 
the purpose of thus obstructing him, or them, is 
sufficient. And it is clear, that, if a multitude of 
perssns should assemble, even in a public high- 
way, with the design to stand together, and thus 
prevent the officer from passing freely along the 

I way, in the execution of his precept, and the offi- 
I cer should thus be hindered or obstructed, this 
would, of itself, and without any active violence, 
be such an obstruction as is contemplated by this 
law. If to this be added, use of any active vio- 
lence, then the officer is not only obstructed, but 
he is resisted and opposed, and of course the of- 
fence is complete, for either of them is sufficient 
to constitute it. 

If you should be satisfied that an offence against 
this law has been perpetrated, you wilJ then in- 
quire by whom ? and this renders it necessary for 
me to instruct you concerning the kind and 
amount of participation which brings individuals 
within the compass of this law. 

A.nd first, all who are present and actually ob- 
struct, resist, or oppose, are of course guilty. So 
iare all who are present, leagued in the common 
design, and so situated as to be able in case of 
'need to afford assistance to those actually engaged, 
though they do not actually obstruct, resist or 
(oppose. If they are present for the purpose of 
(affording assistance in obstructing, resisting or op- 
posing the officers, and are so situated as to be 
able, in any event which may occur, actually to 
lid in the common design, though no overt act is 
lone by them, they are still guilty under this law. 
The offence defined by this act is a misdemeanor ; 
md it is a rule of law, that whatever participation, 
; li a case of felony, would render a person guilty, 
Either as a principal in the second degree, or as an 
iccessory before the fact, does, in a case of 
nisdemeanor, render him guilty as a principal ; 
n misdemeanors all are principals. And 
herefore, in pursuance of the same rule, 
not only those who are present, but those who, 
though absent when the offence was committed, 
did procure, counsel, command or abet others to 
commit the offence, are indictable as principals. 
Such is the law and it would seem that no just 
mirid could doubt its propriety. If persons hav- 
ing influence over others use that influence to in- 
duce the commission of crime, while they them- 
selves remain at a safe distance, that must be 
deemed a very imperfect system of law which al- 
lows them to escape with impunity. Such is not 
our law. It treats such advice as criminal, and 
subjects the giver of it to punishment according 
to the nature of the offence to which his perni- 
cious counsel has led. If it be a case of felony, 
he is by the common law an accessory before 
the fact, and by the laws of the United States 
and of this state is punishable to the same extent 
as the principal felon. If it be a case of misde- 
meanor the adviser is himself a principal offender 
and is to be indicted and punished as if he himself 
had done the criminalact. Itmay be importantfor 
you to know what, in point of law, amounts to 
such an advising or counselling another as will be 
sufficient to constitute this legal element in the 
offence. It is laid down by high authority that 
though a mere tacit acquiescence, or words, which 
amount to a bare permission, will not be suffi- 
cient, yet such a procurement may be, either by 
direct means, as by hire, counsel or command, or 



/$ 



indirect, by evincing an express liking, approba- 
tion or assent to another's criminal design. From 
the nature of the case the law can prescribe only- 
general rules on this subject. My instruction to 
you is, that language, addressed to persons who 



ly intended by the speaker to incite those ad- 
dressed to commit it, and adapted thus to incite 
them, is such a counselling or advising to the 
crime as the law contemplates, and the person so 



occurred in tms city, nave rendered it my duty to 
call your attention to these rules of law, and to .di- 
rect you to inquire whether in point of fact the 
offence of obstructing process of the United States 
ha« been committed; if it has, vou will present for 



immediately afterwards commit an offence, aclual-/ trial, all such persons as have so participated 



therein as to be guilty of that offence. And you 
Avill allow me to say to you that if you or I were 
to begin to make discriminations between one law 
and another, and say this we will enforce and 



inciting others is liable-to be indicted as a princi- that we will not enforce, we should not only vio- 
P a *« late our oaths, but so far as in us lies, we should 

In the case of the Commonwealth vs. Bowen, destroy the liberties of our country, which rest 
(13 Mass. R. 359) which was an indictment fori for their basis upon the great principle that our 



counselling another to commit suicide, tried in 



country is governed by laws, constitutionally en- 



1816, Chief Justice Parker, instructing the jury,' acted, and not by men. 
and speaking for the Supreme Court of Massachu- l n one part of our country the extradition of 
setts, said — fugitives from labor is odious; in another, if we 

The government is not bound to prove that Jewett would may judge from some transactions, the law con- 
not have hung himself, had Bo'wen's counsel never reached cerning the extradition of fugitives from justice 



his ear The very act of advising to the commission of a 
crime is of itself. unlawful. The presumption of law is that 
advice has the influence arid effect intended by the adviser, 
unless it is shown to have baen otherwise; as that the coun- 
sel was received with scoff, or was manifestly rejected and 
ridiculed at the lime it was given. It was said in the argu- 
ment that Jewett's abandoned and depraved character fur- 
nishes ground to believe that he would have committed the 
act without such advice tram Bowen. Without ( oubt he j 
was a hardemd and depraved wretch; but it is in man's na- j 
tu'e to revolt at self destruction. When a person is prede- j 
termined upon the commission of this crime, the seasonable 
admonitions ot a discreet and respected friend would proba- [ 
hi V tend to overthrew his determination. On the other hand, ! 
the counsel of an- unprincipled wretch, stating the heroism! 
and courage the self-murderer displays, might induce, en- ■ 
courage, and fix the intention, and ultimately procure the 
perpetration ofihedr adful deed; and if other men would' 
be influenced by such advice, the presumption is that Jewett j 
was so influenced. He might have been influenced by many | 

powerful motives to destroy himselt. Still the inducements j weak would be at the mercy of the violent, 
might have been insufficient to procure the actual commin- ' 
"ion nf ihe net, and one word of addnioiial advice might 
have turned the scale. 



has been deemed not binding; in another still, the 
tariff laws of the United States were considered 
oppressive, and not fit to be enforced. 

Who can fail to see that the government would 
cease to be a government if it wore to yield obedi- 
ence to these local opinions ? While it stands, all 
its laws must be faithfully executed, or it becomes 
the mere tool of the strongest faction of the place 
and the hour. If forcible resistance to one law 
should be permitted practically to repeal it, the 
power of the mob would inevitably become one of 
the constituted authorities of the state, to be used 
against any law or any man obnoxious to the in- 
terests and passions of the worst or most excited 
part of the community ; and the peaceful and the 



When applied, as this ruling seems to have 
been here applied, to a case in which the advice 
was nearly connected, in point of time, with the 
criminal act, it is, in my opinion, correct. If the 
advice was intended bv the stiver to stir or incite to 
a crime, if it was of such a nature as to be adapted 
to have this effect, and the persons incited imme- 
diately afterwards committed that crime, it is a 
just presumption that they were influenced by the 
advice or incitement to commit it. The circum- 



It is the imperative duty of all of us concerned 
in the administration of the laws to see to it that 
they are firmly, imparl ially and certainly applied 
to every offence, whether a particular law be by 
us individually approved or disapproved. And it 
becomes all to remember, that forcible and con- 
certed resistance to any law is civil war, which 
can make no progress but through bloodshed, and 
can have no termination but the destruction of 
the government of our country, or the ruin of 
those engaged in such resistance. It is not my 
province to comment on events which have re- 



stances, or direct proof, may or may not be suffi- i cen } 1 ? ha PP e »cd. They are matters of fact, which, 



cient to control this presumption ; and whether 
they are so, can duly be determined in each case, 
upon all its evidence. 

One other rule of law on this subject is necessa- I 
ry to be borne in mind. The substantive offence i 
to which the advice or incitement applied must i 
have been committed ; and it is for that alone the| 
adviser or procurer is legally accountable. Thus I 
if one should counsel another to rescue one pris- 
oner, and he should rescue another, unless by mis- 
take ; or if the incitement was to rescue a prison- 
er, and he commit a larceny, the inciter is not re- 
sponsible. But it need not appear that the precise 
time, or place, or means advised, were used. Thus 
if one incite A to murder B, but advise him to 
wait until B shall be at a certain place at noon, 
and A murders B at a different place in the morn- 
ing, the adviser is guilty. So if the incitement be 
to poison, and the murderer shoots, or stabs. So 
if the counsel be to beat another, and he is beaten 
to death, the adviser is a murderer ; for having in- 
cited another to commit an unlawful act, he is re- 
sponsible for all that ensues upon its execution, j 
These illustrations are drawn from cases of felo- ' 
nies, because they are the most common in the ; 
ooks and the most striking in themselves ; but 
the principles on which they depend are equally 
applicable to cases of misdemeanor. In all such 
cases the real question is, whether the accused did 
procure, counsel, command or abet the substantive j 
offence committed. If he did, it is of no impor-l 
tance that his advice or directions were departed \ 
from in respect to the time, or place, or precise 
mode or means of committing it. 

Gentlemen — the events which have recentlv 



so far as they are connected with the criminal laws 
of the United States, are for your consideration. 
I feel no doubt that, as good citizens and lovers of 
our country, and as conscientious men, you will 
well and truly observe and keep the oath you have 
taken, diligently to inquire and true presentment 
make of all crimes and offences against the laws 
of the United States given you in charge. 



What has Become op Anthony Burns?— 
Anti-slavery people will all be anxious to hear of 
Anthony, and we are therefore glad to find in the 
Traveller a letter from a citizen of Boston, now in 
Norfolk, Va,, the accuracy of whose statements is 
vouched for by the editor of that paper. Pro- 
slavery men may not be so very glad to read that 
letter, but we are rather anxious that they should* 
know where their victim is, and how he likes his 
situation. Those of them who retain any sensi- 
j bility, no doubt experienced great satisfaction 
when they read the lying despatch which came 
here a day or two ago, and which every man who 
has wintered and summered with the slave-power, 
instinctively knew to be false; we mean the story 
that Burns was glad to get back to Virginia. We 
are glad to have these undeceived, and we wish 
they could appreciate the horrors of that life, to 
which, against law and in defiance of the public 
will, they consigned an innocent man. The only 
punishment for them is in the scorn of the com- 
munity, and the goadings of what little conscience 



fy 



there is left in their bosoms. To stimulate the 
slight and inconsiderable modicum of the divine 
spark, we give the information contained in the 
letter referred to. 

The cutter Morris arrived in Hampton Eoads 
about noon on the lOch, with Burns on board. 
He was taken before the Mayor, who commit 
ted iiim to JAIL for safe keeping. We were told' by 
tell lie-graph that Burns was rejoiced to get back 
If so, we can not exactly see why he should be sent 
to jail, unless it was to keep him from running 
further South. The writer's narrative proceeds : — 

Yesterday a gentleman of this city called on 
me, and when alluding to the case of Burns, in- 
quired if I would like to see him. On my answer- 
ing in the affirmative, he said he would walk over 
to thejail, and as he was well acquainted with the 
jailer, he presumed we might be admitted to his 
cell. I was introduced as a " Boston merchant," 
and was politely conducted to the private apart 
ment of the fugitive, where in the presence of four 
other gentlemen, I conversed with him for half an 
hour relative to his early history, his escape, his 
trial at Boston and his return. 

His history is too familiar to your readers to re 
quire additional statements. He said he joined 
a Baptist Church about seven years ago, and has 
felt it h.s duty since, as opportunities have occur- 
red, to exhort in their meetings, and try to lead 
his fellow servants to a knowledge of the Redeem- 
er. His master, he told me, was not a member of 
any church. 

He can read and write, and is quite intelligent 
for one of such limited education. He has a no 
oleness of carriage and truthfulness of manner, 
indicative of a mind of more than ordinary ca- 
pacity. 

Although he conversed with an air of cheerful- 
ness.and even of humor, it was easy to discover that 
& dark foreboding for the future ivas preying upon 
his spirits. 

When allusion was made to his accommodations 
in the Boston Court House, his good fare, and his 
smoking cigars with the officers, he said laughing 
ly, that "he needed the cigar to keep his spirits 
up"; and when asked if he wanted to go back to 
Boston, he said, "he should like just to let them 
see that he was alive yet." 

To the question what he thought his master 
would now do with him, he said that "he expected 
to be sold, and made a Lion of." When asked if 
he would like to go back, and live with Col. Sut- 
tle, he hesitated and replied, "not without he 
could be treated just as if he had not been away." 
He was sensible that he had lost caste, where he 
had always lived, and knew not how to hold up his 
head again there; and yet greatly dreaded the alter- 
native of being sold to the South. Poor fellow! 
He reminded me of Christian, in the Pilgrim's 
Progress, when he met Apolyon, and had neither 
the power to flee, nor the heart to go forward to 
the encounter. 

Burns may well dread being sent to the South. 
It is "unwritten common law" in Virginia, that no 
slave who has escaped and been brought back, 
can remain there. He has to be sent to the 
"South," where his Northern experience cannot 
do so much mischief, and where he will expiate 
his crimes in the cotton field or the "rice swamp, 
dank and lone." Poor Sims, there is reason 
to believe, was flogged to death in Georgia. His 
blood is upon the hands of George T. Curtis. 
Loring, and Freeman, and Halle tt, and Parker, 
and Thomas, and Edmands, and Smith, and Wash- 
burn must answer for the life, be it longer or 
shorter, of Anthony Burns, whom they sent back 
to the dismal abodes of slavery. They have sanc- 
tioned the "wild and guilty fantasy," as Lord 
Brougham calls it, that man may hold property in 
man. They have outraged the feelings of the 
Northern people ; sent a poor negro Baptist ex- 
horter into the slavery from which he fled, and 
have not the poor consolation that they saved the 
Union by their rascality. We wish them great joy 
in reading the result of their achievements ! 



\ From the Pennsylvania Freeman. 

PHILLIPS, PARKER, QUINCY. 

We can well conceive how the men of Massachu- 
setts, who have so much to glory in, so much to 
foster their State pride, must have been humbled 
in the dust at the spectacle of last Friday. Bunker 
Hill monument should have been shrouded in black; 
and as the temple at Jerusalem when the Roman 
conquerors broke into it, there must have been 
heard in Faneuil Hall the voices of the mighty 
dead, saying, 'Let us depart.' The Common- 
wealth, which an eminent English traveller has 
pronounced ' the model State,' has received a 
wound, never to close until every foot of that 
sacred soil has been rescued from the pollution of 
the accursed Fugitive Slave Law. 

Humiliating, however, as the events of last week 
are to the pride of Massachusetts, foully as they 
blot her honor, it still remains a proud satisfaction 
that ancient, liberty-loving Boston was, on that 
shameful occasion, lineally represented by inheri- 
tors of some of her most honorable names : Wen- 
dell Phillips, concentrating and exemplifying in 
himself the best culture of New England, the son 
of the first Mayor of Boston, for years preceding his 
Mayorality, President of the State Senate, when 
that office had a dignity in the eyes of the people, 
such as attaches to no office now, not even the 
Presidency of the United States. In Wendell Phil- 
lips, the spirit of the old Bay State preserves its 
identity. He is a living warrant that it still lives, 
and must triumph as of old : Edmund Quincy, a son 
of the second Mayor of Boston, whose administra- 
tion was an era in the history of that city, and 
who still lives with a Roman reputation for honor 
and fearless integrity, a grandson of one of the Re- 
bels of the Revolution, sustaining the same relation ' 
to the cause of Liberty now, that his grandfather 
did before him : and Theodore Parker, the New 
England Preacher, whose grand-father fought at 
Lexington. Who has a better right than these men 
to the position they occupy 1 They were born to it. 
They are bound to stand where they are. We bless 
God for these living pledgee of the final victory of 
.Justice arid Humanity. That victory may be delay- 
ed. In the meanwhile, what grander results can we 
look for from the struggle than such men as these, 
whom it has formed, and is still forming? New 
England has yet something to be proud of, and to 
be inspired by, besides the Past. « 



[For the Commonwealth.] 
ILeSler from Salem* 



Salem, June 19, 1854. 

Mr. Editor : — On Friday and Sunday last 
we had a visit from the " Angel Gabriel," who 
held forth to a motley crowd of men, women 
and children, Know Nothings and Irishmen, oni 
the common. He did not, however, create 
much agitation in our sluggish pool, for it re- 
quires an angel of much greater spiritual gifts 
than the present one, to disturb with any puri- 
fying effect the quiet and dull waters of Salem 
conservatism. The Angel moved through our 
streets — blowing his trumpet with ■" a certain 
sound" — with ludicrous speed, as if on the 
wings of the wind. The modern Gabriel cer- 
tainly makes flying visits, although bis visits, 
unlike those of other angel3, are not " few and 
far between." I have wondered that he did 
not come down to Salem before, this place be- 
ing regarded, you know, as the metropolis of 
Know Nothingism — the spot where the first 
out-cropping of that stratum of politicians visi- 
bly occurred. 

By the way, our new Know Nothing city 
government ie getting on famously, and obvi- 



1 



■ 



/Jp 



ously knows something of city affairs. To be 
sure, a disappointed Whig dealer in supplies 
has lately intimated through the Register that 
they " don't know beans," as the vulgar saying 
is, but, on the contrary, the impression . pre- 
vails here that they know those beans too well. 
You know our new authorities promised mag- 
nificently when they began, and now if they 
only correspondingly fulfil, all will be right. 
Some of us have some fears upon this score, 
based upon the apprehension that although 
they have started two or three excellent pro- 
jects, they may be frightened out of the execu- 
tion of them by the Jeremiads of the croakers, 
who have so long controlled things here. 
Amongst the new plans which I have heard 
mentioned, is the enlargement of the Market, 
by widening the area on Front street, and 
lengthening the building some 40 or 50 feet. 
Such an improvement would be a public bene- 
fit, but I presume it will not be done this year. 
Another reform which is contemplated is, the 
removal of the Almshouse department from the 
Neck, and the laying out of the lands there for 
general uses. The Neck lands are now being 
surveyed, by a competent person, and as that 
is the most sightly and pleasant section of the 
city proper, it seems to be not an unreasonable 
expectation that it will be built up at an early 
day. It affords some capital spots for ship- 
building operations, which some of your Boston 
mechanics might improve to advantage. 

The city fathers did one foolish thing lately, 
which was, to appropriate $1600 to celebrate 
She 4th of July. This sum is too large, and 
besides, recent events have admonished us that 
we have not much liberty to boast of now, and 
had better keep mum about our Independence 
until we have ceased to be the mere nigger- 
catchers of Virginia slaveholders. However, 
bhere is one reconciling circumstance connect- 
ed with tile proposed celebration, viz., that 
Hon. Anson Buiiingame is to be the orator. 
This fact has created a very unhappy state of 
mind in some of the more ancient of our old 
fogies. They were almost inconsolable when 
the present government was chosen, and threat- 
ened to move out of town, which threat many 
hoped they would carry out, but they didn't. 
And now that Burlingame is coming, they will 
certainly move out — for that day. 

Have you heard of the late revival of reli- 
gion in our place ? We have had a refreshing 
in that respect within a week or two — since 
Burns was sent back — the subject of it be- 
ing our Postmaster, who has been under weigh- 
ty concernment of mind respecting the spirit- 
ual condition of the North Church in this city. 
The preaching of a sermon by Mr. Frothing- 
ham, upon the Burns affair, was the awakening 
cause of this promising revival. In consequence 
thereof our Postmaster has been publishing, 
(as you have doubtless noticed,) in the Post of 
your city — that pious journal — a series of arti- 
cles, setting forth that the gospel, as preached 
in the North Church, is altogether too anti- 
slavery, and that the theology thereof is very 
heretical. Now it has afforded our people great 
I consolation to hear of this pious zeal in such an 
unexpected quarter, for the subject of it has 
never been suspected before of having over- 
much religion, or of being a shining light in the 
church. Therefore we are glad to witness this 
unusual interest in spiritual things, though we, 
confess, to some regret that the first manifesta 
tions of it, in the Post, should be in the form of 
misrepresentation and all uncharitableness. An 
increase of regard for the common decencies of 



life, rather than a decrease oi them, are usually 
lookedforfrom a new convert. However, when 
the conversion happens to be, as in this case, 
to that sort of gospel which teaches that the 
first duty of man is "to catch niggers," we must 
expect a reversion of the**c"omnion rules of spir- 
itual experience. So we are not surprised, up- 
on the whole, that Mr. Frothingham is unfairly 
treated and scandalously abused by "Order," 
in the Post. 

Doubtless you, remember that "Order" was 
formerly a "howling abolitionist," and wrote a 
pamphlet against slaveholding. But, he repent- 
ed of all that just before the last Presidential 
election, obtaining the full saving knowledge 
that Hunkerism was the true faith, some time 
between the defeat of the coalition, (under 
which he held an office,) and the election of 
Pierce, (under whom he obtaiued another.) So 
you perceive that he changes his mind with 
sufficient rapidity to suit any emergency. In- 
deed, it is currently reported about town that 
since Mr. Frothingham commenced his sermons 
which " Order " denounces, he ("Order") 
avowed his approval of them, only they didn't 
go far enough ! Perhaps he has two sets of 
opinions, one for political use and another for 
social use, which would accord with the remark 
he once made to a prominent Whig, that he 
was "a Democrat politically, not socially !" 

It is unnecessary to say that Mr. Frothing- 
ham is highly respected and beloved by his So- 
ciety, and esteemed by the whole community. 
The disgust at the Postmaster's articles is al- 
most universal. Naumkeag. 



The Boston Mob. 

The degenerate people of Boston have again 
disgraced their city, by seditious violence and 
bloody resistance to the law. Faneuil Hall, 
the cradle of American Independence, has once 
more been desecrated by the frantic treason of 
lawless fanatics, and the corrupted descendants 
of those worthies who framed our noble Con- 
stitution, have yet another time defiled and set 
at naught that sacred instrument. The incen- 
diary appeals of Sumner and Seward, deliv- 
ered in the American Senate, and the blas- 
phemous invocations poured forth by the Puri- 
tan Clergy from the houses of G-od, have pro- 
duced their appropriate fruit — Riot, Treason, 
and Murder. Not upon the immediate actors 
in this disgraceful scene — not upon the igno- 
rant mob of degraded whites and infuriate ne- 
groes who figured in this bloody tumult, should 
public indignation fall. But upon the base 
hypocrites who stirred their brutal passions 
into frenzy; upon the canting rhetoricians, 
who, from the pulpit, the press and the ros- 
trum, invoked sedition and cheered it on; upon 
the cowardly traitors who stimulated the deed 
which they themselves dared not perform; up- 
on Seward and Sumner and Chase, who as- 
sail the Constitution in the Capitol itself; upon 
the Bacons, the Thatchers, the Sileimans, 
the Parkers, who from the sacred desk and 
Collegiate chair, inculcate resistance to law as 
obedience to God ; upon the New England 
Clergy who have soiled the fair mantle of Re- 
ligion with hate, envy and all manner of un- 



^ 



■■ 



charitableness; upon these, the Priests, Schol 
ars, and Politicians of the SForth, should ou 
scorn and loathing be directed, as the rea 



them, but popular indignation can. The ver 



had the Irish made a bon-fire of their hoi ises, 
first hanging these yelping curs to the ti ighest 
beam, it had been but retributive justice, for 



authors of the evil. The law may not read laws violated, churches burned an<\i citizens 



murdered, in consequence of their r abid fanat- 



dict of the Courts they may escape, but thJ icism. These riots will never <^a$ until an 
people will pronounce them Guitiy. Upor example is made, and if some oft these canting 
them rests the responsibility of exciting this Preachers were strung up by tfneir own white 
riot, and all its concomitant disorder and neck-cloths, we should he^ar less profanity 
bloodshed. The blood of the officer, who was from the Pulpit, and less tumult in the streets, 
murdered in the execution of his duty by an Bonaparte had a good method for taming such 
unknown assassin, is upon their skirts, and characters— Grape shut first, and blank Car- 
they cannot wash it away. Yes we have come tridge afterwards. If it were once tried upon 
to the conclusion slowly and reluctantly, but |these Boston swMie, they would not call for a 
it is no longer to be evaded, that this steady Repetition of the. experiment, 
hostility to the South manifested in New Eng- / An i ncident m THE Late Slave p RO , 
land, these frequent mobs and these repeated cession.— The editor of the Trumpet, Rev. 
insults, are due not the excited passions of the Thomas Whittemore, "looked upon," ■ 



rabble of free negroes and worthless whites 
which hang about large towns, but to the men 
who form and govern thepnblicsentiment,to the 
men of high station and polished learning, to 



looked upon," as did 
most every body else, the late Burns fugitive 
procession. In the last number of that paper, 
handed us by a friend, we notice an incident 
of interest. The procession had jnst turned 
into Commercial street. At this point a com- 



the literary parvenus who affect to reproduce P anv witn muskets had been posted to stop the 
the classic elegance of the ancient Athenians, flow of business which comes through that 

street to the vicinity of the Custom House, and 



This is particularly true of Boston, and if 
the fugitive Slave Law is ever enforced there 
to any practical end, it will be done at the 
point of the bayonet. This is not the first 
time that the course of justice has been ob- 
structed by a Boston mob, nor will it be the 
last. Had the U. S. Marshal taken a prompt 
and bloody vengeance for the murder of his 
officer, the ultimate consequences would have 
been valuable. Some such lesson these Mod- 
ern Athenians need. When a great riot has 
been achieved, when blood has been spilled 
freely, above all when a little property has been 
destroyed, these demonstrations will cease. — 



to Long, Central and India wharves. 

The Trumpet says : "Here a truckman who> 
had been home for his dinner, and to feed his 
horses, and was returning, was stopped by the 
soldiers. He could not pass, and waited. 
Other teams came up behind him, and a great 
body of people also, and thus hemmed him 
in on all sides. He was required to fall back. 
He said it was 'impossible.' One thing led to 
another. The man could go neither back nor 
forward. The officer became enraged, and 
the truckman also. Finally, the officer threat- 
ened to fire upon him. This roused him like 
the awaking of a lion. Tire,' said he 'if you 
wish to,' using a plentiful sprinkling of oaths. 
The officer ordered his men to put percussion 
caps on their guns. At this the truckman 



The sight of their fellow-citizens mowed down elevated himself upon his horse, for he was on 

by artillery, would somewhat tame these foul- horseback, took off his hat, and held it above 

mouthed knaves ; the spectacle of a block of his head crying, 'fire you cowards, fire,' at the 

, ., ,. , , , x ,, „. J ,, . same time showing them his naked breast, 

buildings destroyed, would effect their mer- The officer gave t | e word < rea dy,' and the 

cenary souls more keenly, and end these tu- soldiers brought up their pieces to the poise 

mults altogether. , with their fingers on the triggers, when the 

But it seems that the Riot had the effect of I truckman lifted, his hat again, and held it over 

„ . rn -o j ,,,- ■. i his head, exclaming, 'fire ! 'you rascals! 

terrifying Iheodore Parker and We*dell . lyQU ' cowards ,> % re . They did not fire; 

Phillips, into some respect for the value of b ut a p 0Sse f constables went to arrest him, 
law and order. The assassination of Batch- and for a time he was out of sight, lost in the 
eldor, who was an Irishman, excited the in- crowd ; we believe he was pulled from his horse. 

dignation of his countrymen, and these rever- Bu * we s fT h j m a ^ ort time after ' on hi * horse 

° . , : J . . „ j. . . again. A body of Lancers were brought up, 

end traitors began to tremble for their heads, who mrxged behind the Infantry at this place, 

and for what is scarcely less dear to these and sat upon their horses with their pistols un 



chaffering peddlers, their chattels and house- 
hold goods. After stirring up sedition, they 
went with white lips and shaking knees to 
beg protection from the Authorities ! They, 
the lawless, demanding protection from the 
law! They the exciters to murder and riot, 
crying to the police for aid! Where was their 
higher law then? Where the fiery courage they 
boasted about at their Abolition meetings? All 
gone at the first approach of danger, and noth- 
ing left but tremulous fear, and timid suppli 
cation ! Had they met with stern refusal, ? 



holstered, capped and cocked in their hands. 
It is a great wonder that there was not blood 
shed at this point. But thank God there was 
not. Had that truckman been shot, a poorhard 
working man would have died ; but he had a 
heart as incapable of being moved by fear as 
that of the bravest of the brave." 



axsmMSBSSSB^^SSSSSXsaiissBstiiama, 



Boston Journal 



WEDNESDAY M0RKSN3, JUNE 14. 



.Hanging in ±. 
when the Nebraska 



T ffigt. Some three weeks since, 



a conumptioxe eDumnon or spite. Our revolu- 
tionary ancesu rs were bold and manly in the ex- 
pression of their indignation. Their demonstra- 
tions of dislike and contempt were made at noon- 
day, and no pains were takeg to evads any respon- 
sibility which might attach to the act. They 

gloried in their hostility to the oppressive minions 

i 



bill was passed, President of tjratuj:fcal power. The effigy Jack Ketches of 
iwp 7nH qVnnJ^rpft n S las were hvin ? in effi ^ thQ present day « on the CJQtr ary, invariably per- 
i n ?vPtPrNH lm,A»" the P a P ers in tna * re- ^ orm their rui cfons under the protecting shadow 
S„7a,V^tri th»* th?H«n \ nos Tack was coa - i 0f midr!1 'S ht darkness, and cannot be brought to 

^.af^'^l^^ thelW-d, They skulk home under the cover of 



News Letter took up the cudgels in his behv*' an ] cl 
indignantly denied that Mr. Tuck had any ira<>. Vi " 
edge of the affair. On Mr. Tuck's return to Exeter' 
he addressed a note to the News Letter; acknowl- 
edging the z* a? of the editor in exposing the ab 
surdity of the fabrication, and made the following 
remarks in regard to tbe propriety of hanging 
le^ROBS in tffigy as an expression of the out- 



skulk 
iarknees, and virtually acknowledge that they 
xave been guilty of a contemptible act, of which 
hey are heartily ashamed. 

The true way in this free country of expressing 
lissatisfaction and contempt, is by public meet- 
ngs and resolutions. Any individual with moral 
perceptions sufficiently obtuse, can hang an ob- 
noxious official in effigy, although the victim of 
his malice may be as an officer and a citizen above 



raged feeling of tbe public. This subject is of ^ Qf officials who have recently 

interest, v hen almc st every village and ^ho^ be en honored by the kind notice of the midnight 
district furnishes is quota of old clothes and >vil ^ ^ ^j«: «•> 

lainous inscriptions. Mr. Tuck says : 



"But I took my pen to make a remark upon the as>- 

,^.,..,=^1.: — „„ „ f would not much rather be the victim 



ed upon him, of unmitigated dis- demonstration, than the subject 
such assumption. I never had a rp< , i 1ir ,- on * rt ; q.h 9W i1 hv * r ,nWi 
ffigy. When I was a young man, ^somt.ons, CL.cnaigect Dy a puDli 



A. 



sumption, that if a person be detected in hanging an ef 
figy, be bag a bh t faxed - 
grace— 1 agree to no s 
part in banging an effigy. 

there was no euch occasion for hanging effigies, or trai- spectacle cit.zci s. 
toi«. as tit the present time. Yet I would not -rive a 
braes farthing for that man's vitality of principle, be he 
young c>r old, who does not feel indignant at tne perpe- 
tratiCft ut any great act ol injustice, a,Dd does not «aru- 
estly detire to do some act, not unlawful, to signalize 
his own condemnation of it. The two men, Franklin 
Pierce and "Harry Hibbard, whose effigies were hung 
on the occasion referred to, were bound by every prin- 
ciple of justice and right, and by tbe most solemn 
p edges, expressly and repeatedly given to the people 
of this State, forever, in all places, to resist the exten- 
sion of slavery. They had asceoded the ladder of po- 
litical ambition, only by the multiplied asseverations 
pf fidelity to tbe principles of. liberty aod the non-ex- 
tension of slavery. 

Tet in violation of all pledges, in contempt of the 
conscience aid the wishes of the people, in sacrifice of 
our rights and oi humanity, they nave joined hands 
with oppression, and consummated an act, giving li- 
oemae to slavery over an empire of territory. What, 
can »tbe txitcted, are the feelings of youug me a of 
intelligence and honesty, in view of such high hauded 
hei.r»\t'l ot a s, cred trusts Who cou»d expect their 
intense condemnation to vent itself in a manner les3 
Sbjectn nabie than that of stuffing an object with 
Straw, then calling it a Pierce or a Hibbard, and hang- 
ing )t like a condemned culprit, up <m a trw-.' It is 
true, they hung the objects in the evening, giving the 
sJaanderers an opportunity to allege that they were 
isham< d of their act. But I presume, as th*y did it in 
a public place, did not disavow their acts, and in fact, 
passed resolutions for puolication, in cuiinection with 
the act, that they chose the evening as the t-nly time 
when they had leisure for tbe performance. Tbey 
could not indicate their detestation of unfaithfulness 
by going to the balk t box, or by political agitation ; 
aou th>y ohose to signalize it by giboetiug two effigies. 
Ihey had the example of the fathers of tha revolution 
to justify them. Popular indignation against unfaith- 
ful public servants, has shown itself in a similar man- 
ner fop ages, and will do so hereafter on proper occa- 
sions, if the love of integrity and truth continues to in- 
spire the human heart. Who then will condemn these 



mob, from President Pierce down to his Jack-of- 
all-work, we cJoubt whether there is one who 

of such a 
of a battery of 



ic meeting of re- 



SUNDAY MERCURY. 



PUBLISHED BY 

J. BENTLEY. 



Office— No. 6 Fifth Street, North Side, 

At the Periodical Depot, 2d door west of Ma in. 



Fugitives, 



young men? I do not. I approve their spirit, and 
just fy tneir cause. Let them carry the same spirit into 
active life hereafter, and to the ballot box. Let them 
never learn to suppress the genuine indignation of 
bone it hearts', for all species of injustice, but boldly to 
act out themselves, and with energy to perform all 
their duties in life. 

If every tree by the way side in the north, hung with 
seme token of popular condemnation of men who have 
ittJsined their promises so notOi iouoly, «,ud so injuri- 
ously to the country, the disgrase of unfaithfulness in 
high at; tior:s would be so branded into the public 
mind thtt the people would be secure of having public 
servants of ctmmon honesty for at least one genera- 
tion." 

We agree with Mr.' Tuck that Cv hanging in effi- 
gy " is h ss ol jectionaole than so ne other modes 
of expressing intense cocdemmtion — than mob- 
bing, for instance ; but it is only less obnoxious to 
propriety because it is more harmless, and because 
it i«, as often practised in our community, simply 



Information having been received by the 
United States Deputy Marshal, Thayer, that 
a number of fugitive slaves were concealed 
in the woods on Lick Run, he procured the 
services of deputy city Marshals, Lee and ; 
Worley, and Sheriff Ward, of Covington, 
Ky., and on Wednesday night last, caught 
nine negroes in a stable and brought them 
to the city. The company consisted of four 
men, two women and three children. They 
had been taken to the stable where they 
were found by a mulatto who afterwards in- 
formed the officers. On being brought to 
the city they were locked up in the watch- 
house, and on Thursday morning were 
brought before the United States Commis 
sioner, Pendery, for trial. The trial will 
last for several days. The general im- 
pression is that the whole party will be re- 
turned to their alleged owners. 



*&— 



V 






md .^« 



CORRESPONDENCE 



BETWEEN THE PRESDENT OF THE N. E. CONVENTION AJ 
THE COUNSEL OF BURNS. 



LETTER PROM MR. QUINCY. 

Dedham, June 3, 1854. 

My Dear Sir — I have the honor to transmit to you, 
by the direction of the New England Anti-Slavery Con* 
vention, held in Boston this week, the annexed resolu- 
tion, which was adopted at the fullest moment of the last 
evening session, the whole audience rising in response 
to it, with the warmest enthusiasm and the strongest 
marks of emotion. 

I think myself happy, even under the depression of 
tin's cruel hour, that I am permitted to be the channel 
through which this faint expression of gratitude reaches 
you, representing, as I am sure it does, the feelings of 
hundreds of thousands of the best minds and hearts in 
■the country. And I avail myself of this opportunity to 
express the sense of personal obligation I feel, in com- 
mon with all honest men, for the service you have done 
in behalf of human liberty; and, with respect, 
I am, dear Sir, 

Your grateful friend and servant, 
EDMUND QUINCY. 

[The following is the resolution above referred to :] 

Resolved, That we would assure Richard H. Dana, 
Junior, and Charles M. Ellis, the counsel of Anthony 
Burns, of our warmest gratitude and our deepest ad- 
miration for the prompt and generous devotion with 
which they hastened to his help, and for the consum- 
mate skill, sagacity and eloquence which they have 
lavished in his defence against his kidnappers ; and, 
whatever may be the success of their labors, we know 
that they will find their reward in the approbation of 
their own consciences, the grateful applauses of the 
lovers of liberty throughout the world, and the honor- 
able place they have won for themselves on the pages of 
their country's history. 

ANSWER OF MR. DANA. 

Boston, June 5, 1854. 

Dear Sir — I have just received your very kind note ( 
enclosing the resolutions of the New England Anti-Sla- 
very Convention in compliment to Mr. Ellis and myself, 
for our efforts in behalf of the fugitive Burns. 

However much we may differ on certain points and 
modes, I trust nothing will ever pass under the signet 
of the Seven Diamonds* to any of my race, which is not 
substantially in the cause of independence and liberty 
on each side. 

Be so kind as to return my grateful acknowledgments 
to the New England Anti-Slavery Convention for their 
prompt and liberal expressions of their feelings of sym- 
pathy and regard. The issue has been unfortunate for 
the poor fugitive, but I firmly believe that the entire 
transaction, from its beginning to its ending, has been 
over-ruled for the best purposes of impression on the 
feelings and understandings of men. 

Believe me, dear Sir, ever yours, 

RICHARD H. DANA, Jr. 

Edmund Quincy, Esq. 



ANSWER OF MR. ELLIS. 

Boston, June 5, 1854. 

My Dear Sir — For the generous, warm and kind ex- 
pression of feeling conveyed in the resolution of the 
Convention, and the note you have done me the honor 
to send with it, accept my hearty thanks. I assure you 
they gave me the greatest pleasure. I shall keep them 
as tokens from those whose approval is itself a reward. 

Those who got the man did not gain the cause. Hith- 
erto, in the main, it has not been so. Years ago, in 
the days of Latimer, I went for the first time to a trial — 
or to a man-catching — at the jail. That would not do 
now. Such things as we had to bear last week will not 
be borne much longer. 

It does one good to breathe in the fresh air, and see 
how bright and pure almost every thing looks just after 
this unexpected tempest. Nobody looked for this. 
When poor Burns was first brought up, we protested 
against the hot haste and utter disregard of law or 
decency with which he was to be sent off. No one who 
ever gave a just thought to the laws could repress his 
indignation at what was going on. Any man would 
have interposed, had it been a strange dog to be shot. 
I would not have believed that anything could do what 
I see has been done. At first, things were inclined to 
go after the old sort. But people feel they have borne 
too much. 

I think the chief cause of this is, that they now see, 
and happen just at this crisis to have it somewhat for- 
cibly impressed upon them, that they have been cheated 
and betrayed; but it matters little what the cause is! 
that starts the slide; once in motion, it must on. This 
is only another proof that there is no staying it. 

I am happy to have you feel that my poor efforts have 
done something for the good cause. 
I am, with great respect, 

Your friend, C. M. ELLIS. 



C©i s i'e«|»oadeRce. 

The following correspondence explains itself. 

The check referred to, was, we understand , for the 

Sam of two hundred dollars : — 

June 15, 1854, 
R. H. Dana, Jr., Esq-.r- 

We are directed by the Vigilance Committee of 
Boston to offer you their most sincere thanks for 
the prompt devotion with which you hastened to 
the protection of Anthony Burns, and to assure 
you of their profound appreciation of the elo- 
quence and ability with which he was defended. 
While recognizing the disinterestedness which 
led you to proffer your services without a fee, 
they beg leave to inclose the accompanying check, 
not as compensation, but merely as a grateful ac- 
knowledgement of your efforts to aid them in pro- 
tecting the fugitive and the freeman. 

In behalf of the Executive Committee of the 
Vigilance Committee, Wendell Phillips. 






*In allusion to Mr. Quincy's seal of arms. 



30 Court Street, June 15, 1854. 

Dear Sir : — I have just received your note of 
yesterday, conveying to me, in very gratifying 
terms, assurauces of the feelings entertained by 
the body you represent respecting my services in 
the recent case of Anthony Burns. They give me 
more credit than I am willing to receive. 

The good fortune which is said to attend early 
rising, made me the first of the members of the 
bar, or one of the first, to hear that a man was in 
custody as a slave in the Court Room. To render 
myself at once on the spot, and to offer my profes- 
sional services to him and to those who were com- 
ing forward as his friends, was an act I trust, nat- 
tural to me, and requiring no effort or sacrifice. 






/ 



iMany others would nave done tne same, aua no 
doubt did as soon as they heard the intelligence. 



[ hare done so in the cases of alleged slaves in 
Boston heretofore, and so have others, and I hope 
that members of the bar in Massachusetts will 
never fail to be ready to render this service gratu 
itously to the cause of humanity and liberty. A 
portion of my time, and 1 he application of such 
influence and ability as I may possess, is the only 
contribution I have to make. Others contribute 
of their means and powers, all in their various 
ways, and many at great sacrifice, and with little 
or no return even in the way of acknowledgement. 

Looking upon the matter in this light, while I 
rhank the Committee for their kind words of ap- 
proval, and for the subtlety of good taste which 
leads them to draw a distinction between compen 
nation and an acknowledgment of a gratuitous 
service, I am sure the Committee will not think 
me in the least disrespectful to them when I say 
r hat, in whatever form their politeness may cast 
the offer. I am not willing to retain the check which 
accompanies your note. 

Besides my own feelings in the matter, which 
would be conclusive with me, I would not have the 
force of the precedents which have been set in the 
trials for freedom in Massachusetts thus far im- 
paired in the least, for the honor of my profession 
and the welfare of all who are in peril. 

I beg you to express to the Committee my sense 
of their attention, and believe me, 

Truly, vours, Rich'd H. Dana, Jr. 

Wendell Phillips, Esq., in behalf of the Ex. 
Oom. of the Vigilance Committee of Boston. 

To a letter of like tenor with that to Mr. Dana, 

ind inclosing a check of like amount, Mr. Ellis re 

:urned the following answer: — 

June 15, 1854. 
My Dear Sir: — 



of this place, 
on the alert, 



Gloucester, June 12, 1854. 
Editor Commonwealth,— The new kidnapping 
concern, Loring & Hallett, arrived in town last 
Friday evening, on a hunt for merchandize for the 
Southern market. At midnight they made a foray 
on the family of one Human Eights, an esti- 
mable colored citizen, for many years a resident 
But our Vigilance Committee were 
and caught them in the very act. 
Proof of guilt was strong, but in addition thereto, 
Loring made admissions which were fatal. The 
culprits were con lemned fit for neither earth nor 
heaven, speedily decked for the sacrifice, and 
swung high up across the Town Landing. 

Judge Loring was genteely clothed in a black 
suit, with black hat, white cravat, white kerchief 
peeping from his pockets, and polished boots, as 
becoroeth a Harvard Professor, who instils the 
principles of jurisprudence into the plastic mind of 
youth. Around his hat *vas a badge with Loring 
on it; en the forehead, Judas Iscariot; across his 
breast, Ten Dollar Commissioner; on his back, When 
the wicked, rule the people mourn; beneath his feet, 
Justice and Manhood. . In his right hand was' 
placed a copy of the Stamp Act, which having 
been found on his person, he bad undoubtedly 
been using to fortify himself with precedents. 
Even the choking death-noose under his left ^ar 
did not much distort the ' Jook of bland benevo- 
lence His Honor had been wont to bestow on the 
widows and orphans of Suffolk. 
His confederate (or as they call Liia in these 

parts, Old Hallett,) was rather rowdyish— slouch- 
ed straw hat, ragged linen blouse, black cravat 
askew, seedy snuff-colored pants, cow hide boots 
of foxy red. On his hat was Hallett; Benedict Ar- 



7 



I beg you to return my thanks to the Commit- nold was branded on his forehead; across the sup 

posed region of his heart was his notorious title, 
Soldier of Fortune; between his square shoulders, 
Satan's Mortgage foreclosed. In one hand he 
clutched a staff to which was nailed a black flag 
with Slavery in red letters thereon. In the other 
was a driver's whip much worn. An ugly rent in 
one knee was partly covered by this patch— 
Gloucester Returns, Nov. 2, 1852— Democratic 417, 
Ben. Hallett 15!!! The Great Avenger's counte- 
nance showed the ruling passion at the last gasp. 
The transfer de jure of what the Devil had so long 

small matter to him, a few 
I verily believe a galvanic 



tee for its great kindness and generosity 

The delicate form in which they send this hono 
i-arium, makes me hesitate whether I must not re- 
rain it on their account. But I am sure they will 
neither feel hurt nor censure me for returning the 
aheck, and saying frankly that in their approval, I 
shall. find great pleasure and sufficient reward, for 
these reasons: — Because we are all fellow labor- 
ers, their own duties are heavy, and this would be Ben. Hallett 15! ! ' 
in a measure only lightening mine; because I 
shall always feel better not to retain it, because I 

svish it might be so that no slave hunter could for j held de facto was a 
my money get any counsel in a free State, and no years more or less. 



ugitive or freeman could fail, without fee, to shock would have brought his lash cracking again 



command the services of the best of the bar, and 
not rely on feeble arms for defence under this 
law. 

This I know will do little to bring that about. 
I know very well the latitude of some places, and 



about poor Loring's ears. 

The citizens flocked at an early hour and 
throughout the day to view the remains. It was 
the general remark that '■' hanging was too good 
for them." I hear that a prominent member of the 



ousidering that and my position, know that if 15 417 branch of the Democratic party applied to 
rhis were a public thing it would do very little. I the Selectmen to have the bodies removed, but the 
lesire this, however, not to go beyond you and the officials knew nothing of duty of that sort, 
gentlemen for whom you act, and though I may A placard— Serpents never die till sundown, so 
not know all of them in person, I think I do know let these wretches live, — was duly observed. To- 
enough of the spirit of the body, and not a few wards night they became the prey of a crowd of 
willjin the bar, to say that, as it, is a professional eager boys, and their disjecta membra were quickly 
compliment and honor to be assigned as counsel scattered far and wide. 

to defend one in a capital case, by the court, so it It was observed that Loring was destitute of a 
is felt by a circle not small, as we know it was back-bone, and considerably affected with soften- 
once, but rpeading wider every day, to be a mat- ing of the brain. Hallett was more of a iusus 
rer of personal and professional duty to stand, if nature; not the first trace of a heart to be found, 
possible, betwixt any man and slavery; which his skull quite double the usual thickness, and the 
shall be done for the duty's sake. brain a substance of the color and consistency of 

For reasons, of which these are enough to you brass, 
iud them, allow me to thank you and them for An account of this is to be prepared for Mayor 
; he expression of good will and approbation, Smith's Medical Journal. That valiant dignitary 
which is very grateful to me. never objects to a story on account of its bigness. 

I am ever, yours truly, H. 

Mr. Phillips. C. M. Ellis. 



had spoken then, he would not have been soeak- 
T H E DEMOCRAT ^? here to'night. We are to blame. There is 

no North. TheSouth goes cleat up <o the Canada 
]ine. Boston is a suburb of the city of Alexan- 



Abingdon, Virginia. 



dria, "fel low-subjects of 



The Boston, Fugitive Slave Case. 



Virginia ; 5 ' I will take 
that back when 1 see some deeds worthy of free- 
dom. He spoke o f t he encroachments of Siavc*- 



The outrage upon law in the city of Bos'.or TV i saicl that the right of trial by jury, the writ. 
occurring at the time it did — under a Democrat of personal replevin the habeas corpus, were all 

,■.,,• . ..., t . ; f ., swept away before Slavery. Slavery is the finai- 

sc administration, and while the Sen-ate of tb< . ' fr , c , ,• , J , J . 

5 ... : ' .. . •.•:'.. Hy Ihehrst time they arrested a slave here 

Untied States was considering the Nebraska bi! they put the Court-House in chains, bTU now 
— makes the incidents connected therewith raon they are so confident that you are the subjects of 
than usually interesting. We offer no other ex 'Virginia that they do not put the Court-House in 
cusefor occupying so many of our columns will chains; or gather the military in Fan-eu.il Tall 

the deta 

'.- ciac ._ n m ,.g C , , ls jupi'un yi uic si Tvc-caiuiit-Ts, ana-tne 

them we learn that on Friday, May 26th a writ order was received with cheers. M^yor Smith 
was issued by Seth Webb, Esq , on account of was invited to preside at this meetmg, and he 
tort, for the recovery of $10,000 damages against said he regretted that his 
Charles F. Suttle and William Brent, 






• ■ ., c n .. D : .. . • He said that one of the officers of the city rnv- 

ills thereof. J he Boston papers contau , . ,. , y » , , 

, eminent told twenty policemen to-day not to lif 

se than accounts of disturbances. From a finger in support of the shve-catchers, and-th« 



time 



was all 



engaged 

this evening so that he could not come. His 

' ' sympathies, he .-aid were all with ihe slave. They 1 
'the said Suttle and Brent on the 24b day oi lhinU they can carry Burns off in a ^ ^ q .> \ 

'May inst., well knowing the said Burns tc — They can't do H ; let them try it.) He had 
'be a free citizen of Massachusetts, conspired to- said there were two laws — one is slavery. There 
'crether to have the said Burns arrested and im- is anoifier law, that the people, when they are 

,° . , , c -j c .! a „ • a >„ sure they are right, should determine to go ahead 

mr soned as a save of said Suttle. and carried to .u 4 u- u u j i ' 

I' uu . ■ ' . ,, , or to use the words which had been quo'ed 

'Alexandria, Va.," &c, &c. Lewis Hoyden, a ^ whi( , h js tot J(J . t ]S nQt ^ anrj ^ 

colored man, was the complainant in the case, vvhich is not law should not be obeyed " He 



The writ was served upon 
B 

s 

Subsequently, Chief Justice 



Messrs. Suttle and alluded to the conduct of our fathers in regard to the 



Jrent and they gave the required bail in the stamp act and the tea, and held that conduct up 

V ihr-nnn u as an example for imitation. In the South public 
um of $5,000 each. . . . » ., » , , , r 



Wells issued 
writ of replevin against U. S. Marshal Freeman, an n ustratlcr 
diseeting thatcflieer to bring the body of Amho s0 a finality. 
the fugitive, before the Court of Com- arms and feet. 



than law. he said, and 



opinion is stronger 

the case of Mr. Hoar's mission to Charleston 



cited 
as 

Another law than Slavery is a!- 
That law lies in our heads and 



ny Burn' tne laguve-, uoiurc rue uuuu m ^uu., -...-» ^ Vl « .w« You can put it in execution when 
mon Plea's, on th°e 7th day of June, next, but the you see fit. I am a clergyman, and am a man of 
' ■. i peace. But there is a means and an end. Liber- 

Marshal did not obey the order. ty is lheendj nn( j peace is not sometimes the 

Soon after Burn's arrival in Boston, he wrote means towards it (Cheers.) These men who 
a letter to his brother in Alexandria, who is alsc are serving the kidnapper in Boston are cowards 
a slave of Mr. Suttle's, stau'ng that he was a 1 every one of them, and ue need but stand up 
woik with Coffin Pitts, m Brattle street, clean- ancl declare that this man shall not £6 back to 
infold clothes. This letter he dated in 



up )g „ prove them cowards. Mr. Parker then proposed 

that when the meeting adjourn it adjourn to meet 

ton," but sent it to Canada, wheie it was post?. m c ourt . g q Uare tomorrow morning at 9 o'clock. 

marked and sent according to the superscription, a hundred voices cried out, "No to-night," "Let 

to Burn's brother in Alexandra. us take him out," "Let us go now," "Come on," 

A meeting was held in Faneuil Hall on Fri- and one man rushed frantically from the platform, 

°to consider the mailer of the arrest c 7 ,n ? ': Come . ( ! n ''L bu . t none ?.f. emed . di fP osed t0 



day evening 

of the fugitive. At this 



meeting 



the Reverend 



follow him. Mr. Parker. "Those in favor of 
going to night will raise their hands.'' About 



Theodore Parker made a speech of which the na |f the audiance raised their hands. Much con 
following report is published: fusion ensued, and the persons on the platform 

The Rev. Tpeodore Parker was next calledj seemed bewildered and in hesitancy how to con- 
trol the excrement they had raised. The audi- 
ance were shouting and cheering, A voice was 
heard saying, "The slave shall not go out, but 
the men who came here to get him shall not 
stay in ; let us visit the slave*eatchers at the Re' 
vere House to night." 

After some remarks from Wendell Phillips,! 
another arch-fiend of abolitionism, the excit 
ed crowd rushed for court square, pell mell, 



on and addressed the audience as '-Fellow-sub- 
jects of Virginia,'' which was received with 'No 
no." He then changed his address to "Fellow- 
citizens of Boston." He dwelt upon the fact 
that it was a Boston act, and done by Bostor 
men, to send back Burns. Eiqht years ago a mer 
chant of Boston kidnapped a man at noon, on thl 
road to Q/nncy, and Boston mechanics showci 
the golden eagles th<-<y received for doing it. I 
we had done our duty then, and Faneuil Hal 






3J 



shouting, "Rescue him!" "Rescue him! 7 ' &c. 
Entering upon the eastern avenue, in the 
space of a minute or two, several hundred 
people had collected. The officers in the 
building closed the doors, when some d< 20n 
people, some of whom were colored, rushed 
up the steps and commenced pounding on the 
doors. A pistol was fired by someone in the 
crowd. A pistol was shortly after fired on the 
westerly side of the courthouse, when the 
crowd rushed around the building. Here 
some two thousand people collected in a very 
brief space of time. Several pistols were 
fired in the streets. 

The crowd immediately commenced an as- 
sault upon the south door, on the west side, 
with axes, and a. battering ram, in the shape 
of adieavy beam, some twelve feet long, which 
was at once launched upon the stout oak door. 
The battering ram was manned by a dozen 
or fourteen men, white and colored, wh° 
plunged it against the door until it was stove 
in. Meantime, aeveral brickbats had been 
thrown at the windows, and the glass rattled 

in all directions. The leaders, or those who 
appeared to act as ringleaders in the melee, 
continually shouted "Rescue him!" "Bring 
him out!" "Bring him out!" "Where is he!" 
&c, &c. The courthouse bell rung an alarm 
at 9 1-2 o'clock. 

When the doors were opened, two or three 
persons rushed into the entry, but the officers 
in the building, who were mustered in full 
force on the stairs, gave the valorous rioters 
so warm a reception with clubs and swords, 
that they quickly retreated to the streets. — 
Two shots were discharged in the entrv, which 
appeared to intimidate the rioters somewhat, 
and they retreated to the opposite side of the 
street. At this time, a large deputation of 
police from the Centre Watch House arrived 
upon the ground, and in a few moments ar- 
rested several persons and took them to the 
watch house. Stones were occasionally 
thrown at the windows, and shouts continued 
to be made, but the ra>m stand of the officers 
stationed within the building, with the sup- 
port they received from the police, prevented 
any further demonstration. 

At the time the mob beat down the westerlv 
door of the courthouse, several men, employ-' 
ed as United States officers, were in the pas- 
sage way, using their endeavors to prevent 
the ingress of the crowd, and among the num- 
ber was Mr. James Batchelder, a truckman 
in the employ of Col. Peter Punbar, who, 
almost at the instant of the forcing of the 
door, received a pistol shot (evidently a very 
heavy charge) in the abdomen, Mr. Batch- 
elder uttered the exclamation, "I'm stabbed," 
and falling backward into the arms of watch- 



man Isaac Jones, expired almost immediate 
]y. The unfortunate man resided in Charles- 
town, tthere he leaves a wife and one or two 
children to mourn his untimely death. 

At the time of forcing the door, and just as the 
fatal shot was fired, one of the r biters, who was 
standrng on toe upper step, exclaimed to the crowd, 
'•Yon cowards, will you desert us now f" At 
this iirmftit die exclamation of Mr. Batchelder, 
"Vm stabbed !" was heard, and the ro iters retreat- 
ed to the opposite side of the street 

In the meantime a white man rushed into the 
crowd and distributed several meat-axes, with the 
blades enveloped in the original brown paper. 
Two or three of these axes were subsequently 
picked up by 'he officers, and were deposited in 
the Centre Wateh-IIous.e. 

Shouly aft.r the death of Mr. Batchelder. 
Coroner Smith took charge of the body, and will 
hold an inquest to-day 

After the arrests had been made the crowd, al- 
though excited, remained quiet, but a new ele- 
ment was introduced by the arrival of a military 
company. The Boston Artillery, Capt. Evan*, 
were in the streets for their usual drill. When 
they marched up Court-st., the mob at once sup- 
posed them to be die U S. Marines come to pre- 
serve order,and they were iunnediaiely saluted with 
hisses, groans, and other marks of derision. Capt 
Evans, seeing an excited crowd, and not k-. owing 
anything of die distuibance, immediately march- 
ed his command down die westside of the Court- 
House, and hailed in the square, the crowd giv- 
ing way. When the cause oi the appearance of the 
company was explained die crowd cave them 
three cheers, and the company departed. 

By order of the* Mayor the Boston Artillery 
and the Columbian Artillery were ordered out. 
and about midnight they took quarters in the 
City Hall, where they remained during the nigh?, 
waiting further orders. 

The Boston papers furnish the following addi- 
tional panicuUrs relative to the fugitive slave, 
Bums : 

The Boston Ad vertiser states that on Saturday, 
Rev\ Theodore Parker was asked if he wished to 
put his name to the subscription paper to pin- 
chase the fugitive. His reply was, "/ luice noth 
mg to subscribe but brains and buUeis v 

it is also stated that die Marsha! has been ad- 
vised from W ashington that the expanses incurred 
in protecting his prisoner are nut to be assessed 
upon the claimant. The whole amout of ihe 
costs of the case cannot thusfar exceed two hun 
died dollars. 

Nelson Hopewell, a negro, the supposed mur 
derer of Batchelder. has been arrested. On be- 
ing conveyed to tne watch-house, a loaded revol* 
ver and a dirk knife were found upon his person. 
The blade of the knife was shrined with blood. 
Suspicion was aroused that he myht be the mur- 
derer of Batchelder, and upon examining the 
wound of the deceased, it was found that the cut 
was made by a weapon like tha; taken from the 
negro. Batchelder, just as he breathed his hut, 
said ; '-'I'm stabbed." Taken in connection with 
the fact that Hopewell was seen in the midst of 
the mob on Friday night, guilt centres upon him 
with double force. It is slated that there are oth- 
'jer evidences bearing strongly against Hopewell 



The Bay State Club, of Bos'ton, tendered the 
Marshal an efficient force of fifteen hundred men, 
in case their services should be required. The 
Marshal accepted a detachment of 50 from the 
number. 

Boston, May 30 — The examination in the 
case of the fugitive slave Burns, was resumed 
this morning, the fugitive having been brought in 
heavily ironed, and guarded by United States 
troops.. 

The court room is not so excessively crowded 
as it was yesterday. The throng assembled out- 
side is also less numerous, and the excitement has 
apparently subsided considerably. 

Mr. Ellis continued his ptea in behalf of (he 
fugitive, and the trial is now proceeding, 

[SECOND Dl&PATCPJ | 

The case of Burns has gone over until to-mor- 
row. The excitement is subsiding. 

The examination of the eleven persons arrest-, 
ed on the charge of riot and of murdering Bach> 
efier^ lias been postponed till Friday next The 
Police Court was crowded when the prisoners 
were brought in. 

I/THIRB DISPATCH.] 

Boston, May 30 — In the case of Bums, to- 
day, Mr. Ellis, counsel for ihe defence, introduc- 
ed his testimony. The first witness swore most 
positively that he saw Burns, the alh-ged fugi 
live, in Boston, on the 1st of March, and em lov- 
ed hi.h on the 4th at Malt;>pan Iron Works, South 
Boston. His testimony was confirmed by Mr. 
Drew, the book-keeper at Mattapan Iron Works 

Bo'h witnesses were closely cross examined, 
but their testimony remains unshaken. The tes- 
timony so far is convincing that Bums was in Bos- 
ton th r ee weeks beioie the date of his escape, as 
alleged in the complaint. The general opinion 
is that he is really the slave ol Suttie, but that a 
fatal error in date has been made in the complaint 

James G YVhittemore, a member of the corn-* 
moo council, and formerly director, in the Matta- 
pan Iron Works, Stephen Mattocks and B. M. 
Cillman, employees at the same works, and Jdio 
Favor, a master carpenter, all testified positively 
to seeing Burns in Boston before March 8th. 

The three first named notice particularly the 
marks by which the claimant professes to identify 
him. Horace Brown, a police office)', formerly 
employed at the Mattapan Works, testified to the 
same effect. The testimony for the defence here 
{closed, and the court adjourned till to-mortow 
| Boston, May 30— 9. P. M — An additional 
! force of United States troops have arrived to as- 
sist in preventing- the rescue of the fugitive. 

The anti-slavery convention is now in session. 
The most rab'd and incendiary speeches have 
been made, and resolutions passed. One speaker 
stated that he would rejoice to see Burns, the fu- 
gitive slave, stab the United States commissioner 
dead. 

The fugitive, Burns, surrendered to his owner ! — 

G real excitement in Boston — Procreedinqs of 

the fanatics — Preparations for departure. 

Boston, June 2 --Commissioner Loring this 

morning decided to surrender Anthony Burns to 

his owner. Great excitement prevails. 



SECOND DISPATCH. 

The feeling upon remanding Burns to his ow- 
ner, is most intense. . Many stores are closed, and 
buildings are draped in mourning. The United 
States flag is hung at various points, clothed in 
black. Thus do the inhabitants of Boston testify 
their respect for the laws of the land ! 

Every avenue leading to Court Square is dense 
ly thronged with a wiidly excited populace. The 
military are everywhere saluted with hisses ! 

The fugitive will be taken down State street to 
Central wharf, about two o'clock this a f ternoon, 
guarded by 150 United States soldiers, wih a 
nine pounder loaded with grape. A large police 
force is on CJentral wharf, where an immense 
crowd is assembling. The Mayor has placed 
the city at the disposal of the military. 

Bells are tolling in the' neighboring villages. 

THIRD DISPATCH. 

The fugitive on the way to Virginia. — Law 
Triumphant. 
Bosion, June 2— P. M. — The fugitive, Anlho* 
ny Bnrns, was escorted to the wharf by twelve 
hundred soldiers, placed on boafd the steamer 
without difficulty, and conveyed to the U. S. rev- 
?nus cutter Morris, which immediately sailed for 
{Norfolk. There was no outbeak. 



ARMED PETITIONERS. 
Mr. Editor, — I understand that a petition is to 
be circulated for the signatures of the volunteer 
soldiers of Boston who recently did duty ir_ the 
preservatin of the public peace, praying as soldiers 
for the repeal of the Fugitive Slave Law of 1850. 
Now, it appears to me that this mode of petition 
is an ill-advised movement, and will confer no 
honor upon our citizen-soldiers, should it be car- 
ried! into effect. As soldiers they are to obey and 
support the laws, and as such cannot properly have 
any voice in making or repealing them. As citizens, 
like all other citizens, they have the right to peti- 
tion upon this subject, and there can be no objec- 
tion to their using it, should they see fit. But as 
soldiers, I hope never to see the day when they 
will take a stand for or against any particular 
law; for such a course could be productive cf 
nothing but evil, not only to the institution cf 
volunteer militia, but also the sacred cause of law 
and order which they are pledged at all times, and 
on all occasions to maintain. As a sincere friend 
of the military, I trust that the movement in ques- 
tion may be abandoned, and that all soldiers who 
choose to petition upon the subject, will sign the 
general petition, in common with other citizens, 
and sign it as citizens. Eustis. 

To the Editor : — Will you please say, that if 
my name was used on any circulars addressed to 
towns about tolling bells, as stated in your paper 
this morning, there was some mistake about it. 

If I were inclined to join in such at any other 
1 time, I should not, being connected with this case, 
feel at liberty to do so now. 

For this reason it is right that the matter should 
be corrected, though it be of little importance, 
save to me*. 6. M. Ellis. 

June 16, 1854. 



2d 



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1 



N 

^ 

< 



j olitics and the Pulpit.— The propriety of 
clergymen preaching upon politics is a question 
which, though often mooted, is rarely discussed 
without prejudice or partiality. Most frequently it 
is approved or denounced, according as the preach- 
ers sustain, or oppose, the., views of the individual 
pronouncing judgment. 

That every citizen has a right to express his 
sentiments on any public measure, no one, we pre- 
sume, will deny. That clorgymen, in common 
with other citizens, have such a right, will be con- 
tested as little. But this right must have respect 
to time and place. In the pulpit, the preacher offi- 
ciates as a priest, not hs a citizen ; he cannot, there- 
fore, in the one capacity, teach what he believes 
in the other : or, at least, he cannot rightfully do 
it, unless the congregation over which he presides, 
voluntarily gives its consent. If, however, the 
hearers desire to be taught politics, as well as reli- 
gion, he then may preach legitimately on both sub- 
jects. The public have no more right to interfere, 
in such a case, than they have to dictate what any 
private schoolmaster, lecturer, or other person, 
shall inculcate. 

But the right to speak on polities is rarely con- ! 
ceded, in practice, to a clergyman. We believe 
that Theodore Parker is the solitary instance, in 
the United States, of a minister presiding over a 
congregation in this manner. In all other cases the 
introduction of politics into the pulpit is a direct 
trespass on the rights of the pew-owners. For it 
must be recollected that clergymen, in this country, 
are supported by what is called the voluntary sys- 
tem ; that, under this system, a mutual contract exists 
between them and those who rent seats; it is as 
much a departure from the terms of this contract, 
for the preacher to talk politics instead of religion 
in the pulpit, as it would be for the pew-holder to 
pay in counterfeit coin instead <?f real coin. This is 
so self-evident that it amazes us how an opposite 
opinion can be honestly advancod. If preachers 
even give their hearers a different sort of religion 
from what they originally agreed to : if, for instance, 
they become Baptists, when they started Episcopa- 
lians, or Catholics, when they began as Protestants 
— they themselves abandon their posts, feeling that 
it would be dishonorable to remain. The Rev. and 
Hon. Mr. Noel in England, and Bishop Ives in this 
country, are cases in point. Yet, if it is wrong for 
a man to teach transiibstantiation, when he had 
agreed to preach against it, it is just as much a 
breach of contract to talk politics when he had bar- 
gained to inculcate religion only. 

We are aware it is said that clergymen, in dis- 
cussing politics in the pulpit, are really teaching re- 
ligion. But this is begging the question. Clergy- 
men, in these enlightened days, do not pretend to 
personal infallibility. Even the Church of Rome, 
which claims infallibility for the sacredotal order, 
in their collective capacity, denies it to the par- 
ticular individual. But, where the speaker is not 
infallible, there is a possibility that he may be 
wrong. The question, after all, may not be a re- 
ligious one ; no obligation of conscience may be in- 
volved in it ; it may be only such a question as any 
private citizen is competent to decide, and perhaps, 
from his superior knowledge of the world, to de- 
cide better than the preacher. In fact, most po- 
litical issues are so complicated, that they have to 
be determined in a balance of probabilities. It is 
presumptuous in the highest degree, therefore, for 
any man, whether clergyman or not, to attempt to 
pronounce tlictatorially on such matters. On a 
mathematical question there is no fear of going 
astray. Two and two make four, and always will, 
to the end of time. But in social and political 
problems the right and wrong often mingle together 
so closely, that, like the over-lapping shades of a 
rainbow, it is difficult to tell where one ends and 
the other begins. 

The true course for clergymen to take is to 
preach general principles of morality and religion, 
leaving the hearer to reason out each applicability 
for himself. This was the practice of the Apos- 
tles, nay ! of Christ, their great exemplar. No- 
where, either in the Gospels, or in the Epistles, do 
we find the political institutions of the Roman Em- 
pire assailed. Yet, that government was corrupt, 
cruel, and tyrannical, beyond precedent in modern 
times. Paul, imitating Christ himself in this par- 
ticular, preached only against personal sins, well 
knowing that if men singly became holy, public 



iniquity would finally give way. He struck at the 
root, not merely of one evil, but of all evils. The 
birth of a new civilization, as a consequence of the 
triumph of Christianity, proved that he was right. 
If our modern clergymen would follow his exam- 
ple, and labor with his zeal, the political and social 
maladies of modern society would be removed far 
sooner than they ever can be by pulpit denuncia- 
tions, which are often intemperate, always impoli- 
tic, and sometimes even utterly unfounded. 

We have the highest respect for a body of men, 
generally so intelligent as the American clergy. 
They must always, apart from the moral power 
they wield in virtue of their office, exercise a vast 
influence over the people at large. But that influ- 
ence will be diminished, or increased, among think- 
ing men, just in proportion as they trespass upon, 
or respect the rights of others. We are sure 
that they will recognize with us the propriety of 
keeping their civil and clerical characters distinct, 
jso as never to attempt enforcing, under the sacred 
authority of religion, opinions which they hold 
merely as citizens. 

OBEOIEWCE TO I*AW. 

When good, law-abiding citizens declare that this law 
and that, which does not exactly meet their views, shall 
and ought to be resisted by open force, or when other 
good men take such as declare these doctrines , by the 
hand, and encourage them on, are they aware of the 
fact that they are raising a spirit in the land that is sure 
sooner or later to react upon themselves ? Is it not this 
very principle that fills oar penitentiaries ? Look at that 
poor felon chained to the block; what is he there for ? 
Simply i or taking the law into his own hands. He was 
poor, and his rich neighbor (whether so or not) he 
fancied had become his oppressor. He was too poor to 
get redress in the courts of justice, and in a fit of pas- 
sion, set fire to his oppressor's property. Such an offender 
deserves his doom , you say. why ? because society would 
be unsafe with such villains at large. True; but how 
safe is society with such villains at large as those who 
murdered Batchelder, an officer in the performance of his 
duty ? And who, think you, were the murderers ? The 
poor misguided wretch that aimed the instrument of 
death was a mere tool. It was you, ye well fed, well 
clothed, law-defying criminals. You are his murderers. 
"Sour example and'higliloned words set on and encouraged 
him. And you richly deserve the punishment which , if not 
meted out to you by the laws of the land, is sure to over- 
take you sooner or later, in the goadings of conscience. 
Your pernicious example is a thousand times more bane- 
ful than the penitentiary victim's, for you occupy high 
stations in society. And if by such examples you en- 
courage this resistance to law, in one case, it may be 
your turn to become the victim in another. 

There is no law in this land that ought to be resisted 
by force, and none but what can be reached in a lawful 
way. If the law is unconstitutional, appeal to the high 
courts. If not unconstitutional, but contrary to your 
wishes, elect such men as will alter it. If you are un- 
able to do this, then make up your minds that you are 
in the minority, and don't become so conceited as to 
suppose that the few know better than the many. This 
high opinion of one's self has ruined thousands, and 
sometimes makes the possessor appear very ridiculous. 

If you desire the protection of the law in one particu- 
lar, observe and support them all. If in the public ros- 
trum you raise the angry passions of men to resist a law 
that in your opinion is wrong, complain not, if on your 
return home, you find that home in flames, by the hand 
of one who fancies your home has injured him. Ask not 
protection from that law you have defied. And when 
society goes back to that chaos from which it was form- j 
ed, if you are weak and feeble, complain not that the 
strong man crushes you to the earth, and takes from you 
that wealth which you are no longer able to protect. It 
is your act that has brought this state of things to pass. 
Complain not if you suffer most. Within your native 
State you have the right to use all lawful means to put 
down any law you may think wrong, and it may be your 
duty to do so ; but you are not accountable to God or 
man for the faults of others, after having used all lawful 
means to convince them of their fault. Beyond this you 
are not only a " meddlesome busybody," but a despicable 
crimnal. 

Those who " adorn the pulpit" with sentiments of re- 
sistance to law, would better " adorn" the Indian war 
dance. The press that encourages such sentiments, is 
indeed a licentious one, and deserves none but criminals 
for its support. I care not who hff4s, that man who stirs 
the mob by word or deed to resist law, is a criminal, and 
ought to learn better in the PENITENTIARY. 



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4 



*4 



THR CIVIL AND THE MILITARY POWER 

A writer in the Boston Courier of the 14th 
inst., under the signature of "A Counsellor," 
uutlertook to review some remarks which ap- 
peared in the Daily Advertiser of the 9th inst., 
respecting the Civil and the Military Power. 
The author of these remarks, in a second com- 
munication published in the Advertiser and At- 
las of the 16th inst,, declined making answer to 
the article in the Courier, or entering into any 
discussion with the writer, for reasons therein 
stated. Since that time it has been publicly an- 
nnounced, that the writer of the paper signed 
"A Counsellor," is the Honorable Benjamin F. 
Hallett, District Attorney of the United States 
for Massachusetts, and, in a long article in the 
Courier of the 21st inst., this gentleman avows 
the authorship and assumes the responsibility. 
The manner and style of this communication are 
obviously different from the first, (as is usually 
the case when men throw offamask) andit de- 
rives importance from the official station of the 
writer. But after a careful examination of the 
paper, the writer of the articles in the Adver- 
tiser is unable to see, that a single position 
of his is overcome or even met; while the mis- 
representations of his arguments are so obvious 
— the mistatements of facts are so palpable — the 
perversions of legal points so clear— there is such 
audacity of presumption upon the good sense 
of intelligent men, and the inconsistencies are so 
glaring, that, notwithstanding his great respect 
for the position of the writer, he does not deem it 
necessary to follow him in his tortuous course 
of reasoning; some of which he is unable to 
understand, and the whole of which reminds 
one of Bassanio's complaint in the Merchant 
I of Venice: "Gratiano speaks an infinite deal 
'of nothing, more than any other man in all 
Venice: His reasons are two grains of wheat 
hid in two bushels of chaff"; you shall seek all 
day ere you find them; and, when you have 
them, they are not worth the search." 

The correspondent of the Advertiser is duly 
sensible of the honor conferred by the legal re- 
presentative of the United States in Massachu- 
j setts when he says that "he has. much personal 
| respect for him;" and if he does not return the 
compliment, he hopes it may be attributed to a 
doubt in his own mind whether such a compli- 
ment coming from one who in the same breath 
is denounced as "countenancing sedition, dis- 
union and law breaking," would be useful to 
those who are hjgh in governmental station, or 
would be desired by one whose singular devo- 
tion to law and order for many long years is 
entirely appreciated in this community. 

P. W\ C. 



LFor the Doston Courier.] i 

THE LAWS TO SUPPRESS TUMULT AND 

RESISTANCE TO LEGAL PROCESS. MR. 

CHANDLER'S ARGUMENT REVIEWED. 

The Ex-City Solicitor "P. W. C," has essen- 
tially modified the first position lie assumed upon 
"the civil and military power," concerning the 
late riots in Boston. 

In his first elaborate communication in the Dai- 
ly Advertiser, he declared the calling out of the 
militia by the Mayor, and the orders given them 
to aid in enforcing the laws, an illegal proceeding, 
and assumed that if the military had done any 
act to repel*an attack of the mob, it would have 
been an unlawful act. The whole force of his 
reasoning went to establish the position that the 
military could not be rightfully called out, or if 
called out, could not move or act until there was 



<i 



^ 
^ 



an actual not. This position was so manifestly 
absurd and unlawyerlike, that I treated it as it de- 
served, with ridicule. Mr. Chandler has found 
! that the legal sense of lawyers and the common 
sense of well disposed citizens did not sustain his 
assumption, so manifestly destructive of the pow- 
er of the city to protect itself and defend its citi- 
zens against the outrages of a mob. If applicable 
to the fugitive slave, it might equally .apply to 
every outbreak ol violence against law, whether 
arising from political or religious fanaticism, or 
personal malice directed against classes or individ- 
uals, in society. .Mr. Chandler has no right to 
complain of some degree of severity, which was 
justified by his voluntarily appearing in such a 
.cause at such a crisis, and giving the influence of 
his name to a hasty misconstruction of law, that 
| there must be an actual riot in operation before s 
f the military could be called in aid of the civil pow- ;? 
| er, to preserve the peace and enforce the laws. ^7 
, f In a word, he dented the legality of all steps to *^ 
; call in the aid of the military to prevent a riot or 
i resistance to a legal process, until such riot and 
^resistance had actually taken place, and on this 
assumption he pronounced the acts of the Mayor 
and the military illegal, and an excess of power. 
The answer to this was given by the act itself 
which confers the power upon the Mayors of cities 
in such cases. That act (March 24, 1840,) declares, 
that whenever, in any county, any tumult, riot or 
mob shall be threatened, to break and resist the 
laws of this Commonwealth, and the fact be made 
to appear to the Mayor of any city, such Mayor 
may issue his precept to any commanding officer, 
to order his command to appear "to aid the civil au- 
thority in suppressing such violence and supporting 
the laws." 

Here then, is first presented in Mr. Chandler's 
argument the single point of inquiry, in what 
cases has the Mayor of a city power, by the laws 
ol this Commonwealth, to call out the militia? 

The answer is found in the 27th section of the ! 
act of 1840, chapter 92, above recited. The Mayor 
has that power whenever it is made to appear that 
a tumult or riot, or forcible resistance* to law is | 
threatened. 

Who will deny that this exact case had arisen 
when Mayor Smith issued his precept to Major 
General Edmands ? Mr. Chandler is compelled 
to admit this in his second article, which appears 
in the Boston Atlas of the 16th, and thus he con- 
cedes the power of the Mayor to issue his precept 
precisely as he did do. 

We thus start in the argument upon the now 
agreed law and fact that the Mayor had the power 
to call out the volunteer militia. 

The implied denial of this power was the first 
great error in Mr. Chandler's first article upon 
" The Civil and the Military Power;" and that 
error was the one which "A Counsellor," in the 
Boston Courier of the 14th, repelled, by maintain- 
ing that by the law of 1840, "the Mayor is not to 
wait till the mob have done violence to resist the 
laws, but is to act when such violence is threat- 
ened." 

Driven from his first position of want of po^ver, 
Mr. Chandler now rests his criticism mainly upon 
the orders given by the Mayor to General Ed- 
mands. He is so far startled by the effect of his 
first legal opinion upon the minds of all conserva- 
tive citizens, that he retracts his first implied de- 
nial of power, and greatly modifies his original 
attack upon the Mayor, as to the matter of the 
expediency of calling out the militia. He now says 
that "there seemed to be no utility in debating 
the question of the expediency of the call, because 
if there were any error it was an error of judg- 
ment." 

Thus we take a second step in the argument, 
with the assent of the ex-solicitor, so that the 
power and expediency in calling out the military 
are established. • 






mu^i 



and the genius of cur institutions, by placing 



This leaves to Mr. Uliandler, after all his elabo- 
ration, but a single narrow point of legal objection 
to the whole proceedings. And as I have much 
personal respect for him. (though I greatly regret 
that he should have fallen into the error he has 
committed, of. countenancing sedition, disunion 
and law breaking by the influence of his legal and 
former official repute,) I will, state his objection, 
in his own words, — and examine it fairly and de- 
liberately. Admitting the power to give the pre- 
cept, and not denying the expediency, he says : — 

So far, so good. The troops were ordered to appear on 
Boston Common on account of a threatened riot. The next, 
thing we have is a proclamation by the Mayor, in which he 
informs the citizens of Boston,, to whom it is addressed, that, 
"To secure order throughout the city this day, Major Gen- 
eral Ed mauds and the Chief of Police will make such dispo- 
sition of the respective forces under their commands,, as will 
host promote that important object, and they are clothed 
with full discretionary powers to sustain the laws of the 
land " 

Now, the creat point is as to the orders which the Mayor 
heresayshad been given to Gen. Edmands, and which it 
now appears were jiivcn to him by the Mayor and one Al- 
rferman. Were they legal? Had the Mayor of this city 
any legal right to give Major General Edmands full discre- 
tionary power to sustain the laws of the land throughout the 
city. Admit, if you please, arid lor the sake of argument, 
that he could delegate to Gen. Edmands di-cretiinary pow- 
ers in case of a riot 10 disperse the mob. h d he any power to 
issue such orders as his proclamation covered, when there 
was no riot at all, b:itonly a threatened riot? Could he put 
the whole city under Gen. Edmands ? Were the well or- 
dered and well disposed citizens t<> be placed under the mili- 
tary as well as>the ill-disposed ? The Mayor is the chiel ex- 
ecutive officer ot the city. He has sworn to preserve the 
peace, to enforce the laws — can he ihrow up his power at 
eyery threatened riot, and give the whole city over to a mil- 
itary commander and his troops? Where does he get this 
power? What law gives it to him ? How long may he ex- 
ercise it? If he may do it fora day, why not for a month, 
if he deems it necessary, and thus violate the whole spirit 
of our laws, 
the military above ihe civil power? 

Mr. Chandler thus narrows down his whole ob- 
jection, in point of law, to a mere hypercnticism 
upon the form of proclamation of the Mayor, and 
asks whether "he had any legal right to give Ma- 
jor General Edmands full discretionary powers to 
sustain the laws of the land throughout the city. 
Could he^put the whole city under General Ed- 
mands ?" 

Now,is not this a mere hypercritiscism on words, 
and not taking the action of the Mayor in the just 
and liberal sense which all friends of law and" or- 
der should do, under the circumstahces ? Mr. 
Chandler cannot seriously entertain the belief that 
the Mayor's proclamation, either in te>ms or in- 
tent, "put the whole city under General Edmands." 
Neither the Mayor nor any body else claimed any 
such power, nor could a generous and manly dis- 
position to construe the proclamation fairly rather 
than carpingly, find any such matter in it. And 
yet Mr. Chandler, after having been obliged to 
yield every other substantial objection to the le- 
gality of the proceedings of the military, says he 
"does not hesitate to repeat that these orders were 
not only not sanctioned by law, but that they were 
totally opposed to the law, and the Major General, 
so far as he undertook to act under them, was in 
an illegal position and placed the men under his 
command in peril." 

Now, let us see whether the law of the ex -So 
licitor is any better on this point than it has 
proved to be in his other positions from which he 
has receded. 

He assumes first, that the proclamation was the 
order, andsecondly that this order "put the whole 
city under General Edmands, and placed the well 
ordered and well disposed citizens under the mil- 
itary, as well as the ill disposed." 

Granting that the proclamation covered the 
substance of the order, what is it ? "To secure' 
order throughout the city this day, Major General 
Edmands, and the Chief of Police, will make such 
disposition of the respective forces under their com- 
mands, as will best promote that important object." 

Why does Mr. Chandler leave out the Chief of 
Police, and the whole body of the police of the 
city, and assume that this order gave unlimited 
power to Major General Edmands alone? 



. This is certainly disingenous. The mayor, as 
the head of the Police, may in any emergency, or 
upon ordinary occasions, so dispose of the whole 
police as to secure order throughout the city. 
That is his duty. But suppose the streets are 
blocked up by a mob, threatening resistance to 
law, and prepared to attack an officer and his 
posse when necessarily passing through the streets 
to serve or execute a legal process, and there is 
reason to believe that the civil force is not suffi- 
cient to prevent the threatened riot and violence ? 
Then, the ver) r case provided for by the law of 
1840 has arisen, and the Mayor issues his precept, 
as he did in this case to Major General Edmands, 
"to order his command to appear to aid the civil 
authority in suppressing such violence and sup- 
porting the laws." And when Major General: Ed- 
mands did so appear with his command, he was 
ordered, in connection with the Chief of Police 
and civil officers, to make such disposition of the 
military under his command as would secure 
order throughout the city, and "sustain the laws of 
the land." Not violate the law, as Mr. Chandler 
assumes the order implied He contends that the 
order was unlawful, because it put the city under 
General Edmand3. and thuja gave him power to 
act unlawfully. It was not so. Here was no 
order to do an illegal act, but to do only lawful 
acts — that is, to sustain the laws of the land, which 
could be done only by using lawful means to sus- 
tain the laws. How then was General Edmands 
placed in an illegal position ? 

Neither was the order,as Mr. Chandler assumes, 
to " give Major General Edmands full discretion- 
ary powers to sustain the laws of the land through- 
out the city." No such order was given. The or- 
der indicated in the proclamation, was for Major 
General Edmands and the Chief of Police to make 
such disposition of the respective forces under 
their commands, as wal best promote the import- 
ant object — " to secure order throughout the city this 
day." And they were clothed with full discre- 
tionary powers to sustain the laws of the land. Or- 
der was to be secured throughout the city, and the 
laws of the land were to be sustained. This was 
to be taken with sole reference to the purpose for 
which the military had been called out lawfully, 
as declared in the precept of the Mayor, viz : — 
That " there was threatened a lumult, riot, and 
mob of a body of men acting together by force, 
and with intent to offer violence to persons and 
property, and by force and violence to break and 
resist the laws of this Commonwealth in the coun- 
ty of Suffolk; and that military force was neces- 
sary to aid the civil authority in suppressing tin 
same." 

That was all the military force was ordered to 
lo, and their commander, in connexion with "th< 
•ivil authority," the police, was intrusted with 
iiscretionary power to sustain the laws of the 
and. And this literally follows the terms of thi 
statute of 1840, which declares the duty of th< 
military force, when thus called out, to be " tc | 
aid the civil authority in suppressing such violence 
(when threatened) and in supporting the taxes" 

The military, therefore, were to aid in support- 
ing the laws— not a single law merely, but all the 
laws of the land, which were threatened to be re- 
sisted by violence. And they were also to aid the 
civil authority to secure order throughout the city, 
against mobs, riot, tumult and violence. How 
can this be distorted into an order " to put the 
1 whole city under General Edmands, and "to place 
the well-ordered and well-disposed citizens under 
the military ?" 

I It embraced no part of the city except where 
I disorder reigned— or tumult, riot, mob, and resist- 
ance to law were threatened. It reached no well- 
disposed or well-ordered citizen who kept out of 
I the mob, tumult or riot that was threatened, and 
'offered no resistance. And therefore, although 
the proclamation might have been worded with 
more technical precision to suit the taste of a spe- 
cial pleader like Mr. Chandler, yet its imporf 



2$ 






meaning, intent and fair construction, are entirely 
within the spirit and purpose of the law. 

I submit it now to every candid or legal mind, 
that upon Mr. Chandler s own showing, and the 
plain interpretation of the law, the Mayor's orders 
were sanctioned by law, and were in no respect op- 
posed to any law. 

It only remains to consider the last position or 
rather inference of Mr. Chandler, viz., that "the 
Major General, so far as he undertook to act un- 
der them, was in an illegal position, and placed 
the men under his command in a peril of which 
both they and the public have a right to make se- 
rious complaint." 

Now, if the general order of the Mayor to the 
Major General was lawful, viz., in aid of the civil 
authority, and in co-operation with the Chief of 
Police, t o make such disposition of the force under 
his command as would best promote the object to 
secure order throughout the city this day, and to 
sustain the laws of the land ; it follows that the 
Major General and the military were in a perfectly 
legal position, if they did no unlawful act. If they 
did an unlawful act, no order of the Mayor or any 
body else could justify it. The order of the May- 
or, therefore, becomes of no importance as to any 
illegal act done by the military. 

Mr. Chandler does not pretend that they did 
any illegal act, only they might have done one, 
and thi3 brings him back to his original assump- 
tion, viz., that the military could not have fired 
upon the mob, had it become necessary, from the 
violence of attack. In other words, that the sol- 
diers could not have defended themselves. Upon 
this point, which is now one of speculation mere- 
ly, but may become one of practical application 
hereafter, Mr. Chandler is very vague and unsat- 
isfactory. 

He admits that in pursuance of the statute of 
1840, the Mayor rightfully called out the military 
to prevent a threatened riot and forcible resistance 
to law, and he also admits that when so called 
out, the military were required, by the same stat- 
ute, "to obey and execute such orders as they 
may then and there receive, according to law." 

But now, says Mr. Chandler, this "according to 
law" means only the Revised Statutes, chap. 129, 
which he says "contains specific provisions of all 
the proceedings to be taken in case of riots." 

But, if it does contain all such provisions in 
case of riots, that is not our present case, nor the 
case arising under the act of 1840, because here 
was no actual riot, but merely a threatened violent 
resistance to law, which would have been a riot 
and a street fight but for the calling out of the 
gallant volunteer militia, whose presence alone in 
the streets overawed the seditionists and prevented 
bloodshed. 

Now, let us see whether this phrase "according 
to law" in the act of 1840, means only according 
to the Revised Statutes, Chapter 129 ? In the 
first place every lawyer knows that if the statute 
only were meant, the act would have read, ac • 
cording to the statute in such case provided, or "ac- 
cording to chapter 129 of Revised Statutes. ' 
Thererefore the phrase "according to law," cov- 
ers all law, statute and common. This brings in 
aid of the act of 1840 the whole common law 
touching the powers of a posse comitatus, armed or 
unarmed, in preventing a resistance to or obstruc- 
tion of legal process. Mr. Chandler evades all 
this in his summary reply to " A Counsellor." 
But he cannot escape from the force of the argu- 
ment in any judicial mind. Hence the perti- 
nancy of the plain doctrine of the common law 
quoted by " A Counsellor," in answer to Mr. 
Chandler, showing that "whenever an officer of 
justice is resisted in the legal exerrise of his duty, he, 
and the persms acting in aid of such officer, mag 
repel force by force, and if in doing so the party re- 
sisting is killedfit is justifiable homicide, and this not 
merely upon the principle of self-defence, but upon 
that principle and the necessity of executing the duty 
the laic has imposed." 



Mr. Chandler will not aeny mat tins doctrine is 
"according to law," and would be so held by our 
highest Courts. Then apply it to the case in 
hand. This is not the case of a "riotous and tu- 
multuous assembly to the number of thirty or 
more," which is provided for by the 129th chapter 
of the Revised Statutes, to which Mr. Chandler 
undertakes to limit all proceedings of the military 
in aid of the civil authority. Here is his manifest 
error, unskilfulness and want of legal perception 
in his whole argument. He assumes that after 
the military are called out to "obey orders accord- 
ing to law," all the preliminaries of chapter 129 
must be complied with "before any two of the 
magistrates named can proceed to use an armed 
force." 

This assumption is unfounded, for the plain 
reason that the preliminaries required by chapter 
129 apply only to a mob of "thirty or more, 
whether armed or not armed, unlawfully, riotous- 
ly and tumultuously assembled in any city or 
town." Such an assembly must first be ordered 
to disperse, and, if they refuse to disperse, then 
1 any two of the magistrates "may require the aid 
of a sufficient number of persons, in arms or other- 
wise, as may be necessary." 

This whole chapter 129 does not give any power 
to call out *.he military ; and I maintain as a law- 
yer, and challenge proof to the contrary, that it 
does not provide for any such case as the act of 
1840 provide for, viz : the case of a threatened 
violence to persons or property, or to break and 
resist the laws. 

That is the case fully provided for by the act of 
1840, one which was only partially provided for 
by chapter 12 of the Revised Statutes. So that 
the use of the 128th chapter by Mr. Chandler, as 
laying down the law for the military when called 
out in aid of the civil authority is wholly inap- 
plicable, and has no reference whatever to the case 
that arose on the 1st of June, when resistance to 
a process of law was threatened by violence. 

So conclusive is this point against Mr. Chand- 
ler, that he must admit it when he reads the 4th 
section of his favorite chapter 129, which says that 
the magistrates "shall proceed in such manner as 
in their judgment shall be deemed expedient, forth- 
with to disperse and suppiess such unlawful as- 
sembly." 

The th section of chapter 129 provides that — 

Whenever an armed force shall be called out in the man- 
ner (vovideit by the 12 h chapter (section 129) lor the pur- 
pose of suppressing any tumult or riot, or to disperse any body 
of men acting together by force and with intent to offer violence 
to persons or proper y, or by force or violence to resist, or op- 
pose the execution of the laws of this Commonwealth, such 
armed force, when they arrive at the place of such unlawful, 
riotous or tumultuous assembly, shall obey surh orders for 
suppressing the riot or tumult as they may have received from 
the Governor, Judge or Sheriffof the county — and also, such 
further orders as tliey shall there receive from any two of lh« 
magistrates or olRcers mentioned in the first section. 

Now, this whole section relates only to a case of 
actual tumult, or riot, or of a body of men acting 
together by force and with intent to resist the 
laws; and in that case the military may act with- 
out any of Mr. Chandler's preliminaries, found in 
chapter 129. 

I am surprised that he should have fallen into 
i so open an error, in this particular — for he af- 
firms, as if magisterially, that " the Mayor shall 
go among the people assembled and command 
them to disperse, and shall call upon all good cit- 
izens to assist, and if the rioters refuse to disperse, 
then the Mayor may require the aid of " a suffi- 
cient number of persons, in arms or otherwise." 
And then Mr. Chandler lays it down in terrorem, 
as law, that " if any two magistrates shall call in 
an armed force and order them to fire upon a mob 
J before they have done all the foregoing acts, they 
i will find their legal knowledge enlarged by a per- 
| sonal experience which will be likely to make a 
| lasting impression." 

And yet Mr. Chandler cannot find a line of 
j law to justify this threat, as applied to the volun- 
i teer militia when called out under any existing 
; law of the commonwealth. They are not the 



^persons, in arms or otherwise," meant by the 
129th chapter. The military can be called out to 
sustain the laws only under the 129th section of 
chapter 12 and the act of 1840, chapter 92. The 
first, as limited by the 5th section of chapter 129 
in the Revised Statutes, applies only to cases of 
tumult, riot or a body of men acting together by 
force. The act of 1840 goes further and embraces 
a threatened tumult, riot or resistance to law. By 
none but these two provisions can the military be 
called out to "sustain the laws of the land." Mr. 
Chandler has stumbled over the words in the 4th 
section of chapter 129, viz "persons, in arms or 
otherwise." They are not the "militia" described 
in chapter 12, nor the "division, brigade regi- 
ment," &c, named in the act of 1840 whom the 
Mayor may call out "to sustain the Jaws." This 
"militia" if called out under chapter 12, (the old 
law) was by section 5th of chapter 129 required 
to obey such orders as they might have received 
before they reached the place of tumult, from the 
governor, judge or sheriff, to suppress the riot and 
arrest the offenders. These orders, so given before 
they got on the ground were sufficient, without 
any subsequent order, because the statute says 
they shall obey such orders, and also such further 
j orders as they shall there receive from any two of 
the magistrates. But they must obey the first 
orders whether they get any further orders or not, 
and if these general directions were gi*en by two 
officers all the consequences are justifiable. 

This made the point and adaptation of the stat- 
ute of the United States, which "A Counsellor" 
cited to show that the Marshal has the same pow- 
ers in executing the laws of the United States as 
sheriffs have by law in executing the laws of the 
state. 

Mr. Chandler turns this off by a 6neer,that then 
the Marshal may call out the military without the 
aid of the Mayor, and that Marshal Freeman has 
the command of the troops. But this is not the 
point I raised in a former communication. It was 
this : — That if in executing a law of the United 
States, the officers were threatened with violence 
in the streets of Boston, through which t v ey were 
compelled to pass in order to execute that law, — 
tnd the Marshal made such representation to the 
Mayor as satisfied him that a mob would commit 
violence in the streets — and that the presence of 
v large military force was necessary to prevent 
mch threatened resistance to law, then the Mar- 
iial, while executing that la v, had all the power 
vhieh the Sheriff of Suffolk in a like case would 
iave in executing a state law. Then, if Mr. 
Jhandler's assumption was legal, that the Mayor 
uid Sheriff must concur in these directions " to 
tisperse the riotous or tumultuous assembly, or 
to seize and secure the persons composing it," ac- 
cording to chap. 129, thenj the concurrence of the 
Marshal with the Mayor, in those directions,would 
ha the concurrence of two officers under that law.^ 

It was therefore to keep the peace of the cit 
and prevent forcible resistance to law, and vio- 
lence and bloodshed in the streets, that the Mayor 
so wisely called out the militia, and not merely 
to execute the fugitive slave law. That would, 
have" been executed peacefully by the United 
States Marshal alone, if a mob had not threaUmed 
to resist the law and assail the officers. Then the , 
issue was whether law or mob should triumph, 
and the Mayor and the military took the side oi' 
law, and not the side of the mob. Strange that 
people of common sense cannot understand that 
the people are not wanted to execute the fugitive 
law. All that is wanted is that the Abolitionists 
should let it alone. It is only when they meddle 
and resist that the military must be called in. 

The Mayor conformed to the law of 1840 in every 
particular'in calling out the troops, and he gave 
them orders to sustain the laws ofj-he land, and 
they were bound to "obey and execute such orders 
as they might then and there receive, according to 
law." But this military division under General 



Edmands, was not the "persons, armea or unarm- 
ed," described in the 129th chapter of Revised 
Statutes, and therefore the orders they were to 
execute "according to law," were not the orders 
of two magistrates necessarily, nor was any pre- 
liminary going among the people, and command- 
ing them to disperse, required by law, before the 
military could act to suppress violence and 
threatened tumult. What that act should be, 
would depend upon all the circumstances of the 
case, showing the absolute necessity of a resort to 
the U6e of fire arms; and that responsibility any 
commanding officer of our city military, when 
called upon in defence of law and order, will nev- 
er shrink from assuming, and will never fail to ex- 
ercise with sound discretion. 

And here I will leave Mr. Chandler and his ill- 
timed, and, I think, totally erroneous construction 
of law, by repelling his imputation, that this 
community are jealous of the interference of the 
volunteer militia to suppress riots and sustain the 
laws of the land. It is not so. They are not a 
standing army, like the troops which Mr. Chand- 
ler extols the Duke of Wellington for concealing 
when the Chartists of London held their great 
meeting. They are our sons, brothers and 
friends, and among our most orderly and patriotic 
fellow- citizens. If the Mayor should adopt Mr. 
Chandler's favorite precedent of 1848 from the 
London Times, when there were 150,000 special 
constables sworn to keep the peace against the 
Chartists, who had merely come together to pe- 
tition Parliament for the right of suffrage, the re- 
suit would be that the best special constables to j 
be found in Boston would be the members of the j 
volunteer companies commanded by General Ed- . 
mands. They were none the less valuable as 
"special constables" by appearing in their soldier 
dress, rank and file, under their gallant officers, 
and with plenty of powder and ball for an emer- 
gency. 

And here let me say, what I think every judi- 
cious citizen will oncur in, that as between a 
posse of unarmed men, taken at random to prevent 
a riot and resistance to law, and the citizen sol- 
diery, there can be no hesitation which is best fit- 
ted to preserve the peace of the city. An unarmed 
or armed posse, without discipline or distinction 
in dress or order, going into a mob, would them- 
selves be so mixed up with the mob as to increase 
rather than suppress it ; and what discipline could 
control their excesses if their blood was up ? 

On the other hand, let a motley mob threaten 
violence in our streets, and instead of a cudgel 
and bowie knife street fight between the mob and 
the police, with hundreds on both sides swelling 
the riot ; call out our citizen iroops, and let them 
march through the streets as the Lancers did in 
the Broad street riot of 1842, and as the division 
of General Edmands did the first of June, and 
what is the result ? Not a drop of blood is shed ; 
fanaticism and sedition hide their heads ; order is 

SECURED THROUGHOUT THE CITY, AND THE LAWS OF 
THE LAND ARE SUSTAINED. 

U. S. ATTORNEY. 



News from Boston. Parson Brownlow of the 
Knoxville (Tennessee} Whig, in his last received 
paper,, enters his protest against the Nebraska 
bill, in the following manner, adding some Ten- 
nessee news for our Boston people :— 

We are in for the season, and, sink or swim, we are 
dead out against this whole Nebraska scheme ! 
Ine recent alarming riots in Boston are the first 
fruits of this Nebraska scheme. Col. Suttle of 
Virginia arrested a slave of his, under the fugitive 
slave law and the fugitive was willing to return 
home with his lawful owner, but the Abolitionists, 
encouraged by the passage of this infamous Ne- 
braska bill, got up a fearful row-murdered the 
United States Marshal, killed one of his c Uard 
and caused scenes of disorder and confusion! nev- 
er before equalled in New England ! 



The Fugitive Slave Case at Cincinnati. The 
Cincinnati papers of Friday have the following, 
by which it appears that the Kentucky runaway 
slaves were betrayed by one of their own color, for 
the sake of the reward : — 

On last Sunday night, between 8 and 9 o'clock, 
a party of negroes named Shadrach, aged 60 
years, claimed by Jonas Crisler; Susan, his wife, 
29 years of age, and two boys, Wesley and John, 
9 and 7 years of age; Almeda, aged 26 years, and 
her child Sarah Jane, aged 3 years; Lewis, aged 
24 years, all of whom, except Shadrach, were 
claimed by William Walton. Lee, aged 21 years, 
husband of Almeda, claimed by John Gaines, as 
guardian of Elizabeth Ann- and Jasper Blacken- 
becker; Anderson, aged 22 years, claimed by John 
P. Scott — left their houses near Burlington in 
Boone county, Ky., and placing some of their 
baggage on the backs of three of Mr. Walton's 
horses, the fugitive party started for the Ohio 
River, and arrived at a point nearly opposite Law- 
rencebnrg. 

Starting the horses back towards their home the 
fugitives took a skiff and rowed themselves across 
the river, arriving on free soil about 12 o'clock on 
Sunday night. They then started with their 
faces to the north, and after traveling about two 
miles and a half, they took refuge under a clump 
of trees during the day. As soon as the shades of 
night came on the fugitives left their hiding 
places and started again. They had not proceed- 
ed far before they met a colored man named John 
Gyser, who promised to assist them in making 
their escape to the north. They accompanied him 
to a stable on Mr. Humes's farm, on Lick run 
turnpike, about 2 1-2 miles from the city, where 
they were to remain until evening, when he 
would return with assistance to aid them in 
reaching Canada. During the day Gryser visited 
Covington, and hearing that a reward of $1000 
was offered for their apprehension and arrest, 
he gave the information. 

They were all arrested the same evening, and 
conveyed to Cincinnati jail, and the next morning 
were brought before Commissioner Pen dry. Shad- 
rach, the leader of the party, was asked by Mr. 
Crisler, in court — 

"Why did you run away ? You are as well 
clothed as I be, have always been as well fed, 
and your mistress has always treated you as well 
as she has me." [The master and slave were 
clothed precisely alike, in Kentucky homespun.] 

Shadrach replied : — "You have always treated 
me well, but my wife and boys belonged to an 
other man, and I was told they were all sold, to 
be carried off. That is the reason why I run 
away. I wanted to save them. You and mistress 
always used me well." 

Crisler pronounced the story a fabrication, and 

told Shadrach that he would do nothing for him 
in his old age, and remarked that he did not 

want to take him home with him, but would sell 

him if he could get anything for him. There was 

very little excitement in court; about two hundred 

colored people were present, and on Saturday the 

slaves were all given up, and taken away v 



REFUGE OF OPPRESSION. 



SENTENCE EXTRAORDINARY. 

Cassins M. Clay, the Kentucky abolitionist, 
comes forward to add bis notion to the hell-broth 
of Seward, Sumner, and Pjnilips. In his letter to 
the N. Y. Tribune, he says : 

' Does any man believe that, in a fair contest between 
liberty and slavery, the wrong will triumph ? I do 
not, 

4 What, then, shall be done ? In the first place, 
punish the traitors, as an example for all future times. 
I honestly believe that every man of the free States who 
voted for the repeal of the Missouri restriction deserves 
death. But there is no legal way of inflicting the pen* 
alty— the halter, then, they must escape. But one, 
thing can be done — break them on the wheel of public 
opinion. Let no man deal with them in business — ban- ! 
ish them from the social circle, and disfranchise them I 
practically forever. This seems hard, but the race of ' 
traitors must die before we can live.' 

If this rule is to be tested by the rigid morality 
of such men as Cassius, there is not an abolitionist 
in the land who ought not to have been hanged by 
the neck ten years ago. The Missouri restriction 
has been disregarded and effectually repealed by 
Northern sentiment ever since 1820 ; and no man 
was louder and more reckless in denouncing it than | 
our truculent Cassius. We should have no objec- I 
tion, certainly, to see his plan inaugurated, espe- 
cially if it begins with those who were the first | 
practically to annul the Missouri restriction. 

The social exclusion of Cassius is a sublime sug- 
gestion. We do not.know how the friends of the , 
Nebraska bill will like to be refused admission into 
the circles in which the fascinating courtesies of/ 
such Chesterfields as Greeley are the main attract 
tions; but the idea of being separated from Abby; 
Folsom is appalling ; and when Cassius proposes to 
banish the Nebraska traitors from the society of 
Dr. Henrietta K. Hunt, the Rev. Antoinette Brown, 
the Hon. Lucy Stone, he attains the utmost reach 
of tyranny ; especially as we have good reason to 
believe that the air of this charming presence is 
heavy with the odors of African exquisites, and 
trembles to the dulcet tones of Uncle Tom and Ros- 
in the Bo.w. ' The social circle' from which these 
enemies of human freedom are henceforward ban- 
ished have other attractions ; not the least of which 
are the sainted polemics of Parker, the gentle ac- 
cents of Phillips, the polished politics of Sumner, 
and the genial and generous ethics of Greeley. — 
We do not wonder that the sentence was so bitter- 
ly pronounced, because it involves a deprivation 
which in this warm weather is especially to be re- 
gretted. — Washington Union. 



THE NEGRO RACE. 



Where, notwithstanding all the efforts of those 
who arx*ogantly set up their own notions of right 
against the ordering of Providence, is the first in- 
stance of success ? In what time or place has the 
negro race had a prosperous independent existence 1 
The fertile fields of St. Domingo and the British 
West Indies have ceased to produce, and their 
population is falling into primitive African barbar- 
ism. Vice and wretchedness are the characteris- 
tics of the negroes of the free States of this country ; 
and they crowd the jails, penitentiaries, and hos- 
pitals. Many who sigh over the sufferings of the 
slaves, and yell in the fury of abolition, drive the 
free negro from their borders. Insanity visits its 
awful blastings upon the free negro to a greater 
extent than upon any other condition of man, and 
demonstrates the responsibilities of freedom as un- 



THE NORTHERN CLERGY. 

After quoting from John MitchePs ' Citizen ' a low 
and scurrilous diatribe against, such of the Northern 
clergy as memorialized Congress against the passage of 



natural to his character — iu a uutuuuier organized matter where the denial may come from, nor in 
for guidance and dependence. Freedom to the ne- w hat quibbling language clothed, we re-assert it 
gro is his annihilation by more terrible processes distinctly as a'fact, that such aid was asked, and j 
than slaughter, and brings associated unbappiness neither Mr. Parker, nor Mr. Phillips, nor the Rev. ( 
to his neighbors. The only condition in which he Mr. Higginson, nor the negro Hopewell, nor the 
is seen happy, cheerful, and healthful, is that of editor of the Commonwealth., can vitriolize that fact 
slavery. out of sight. — Boston Daily Times. 

There is certainly no more reason to find fault 
with gradations- of races, with the inferiority of one 
to the other, than to complain of the inequality of 
individuals of the same race. Indeed, it would 
violate the analogies of Nature, if the various ra*es 
of men were of equal endowments, and fitted for 
equal action in the world. What is there to oppose 
to all the evidence of the intended and necessitated the perfidious Nebraska Bill, the Richmond Whig s^ys : 
subordination of the negro? Nothing but the fan- The Cilizm $ oes not n j t these sanctimonious hy- 
cies and emotions of men, arguing from the nature pocrites of the North, styling themselves clergymen, 
of another and higher race, and from the most ex- a ]j ck airi j s8 . Of all the contemptible creatures on 
aggerated individual eccentricities of that race.— tne f ace of the earth, this class of Abolition 
The Giddingses and Sumners, the Philhpses, poachers are the most so, who have taken it upon 
Beechers, and Parkers, having no adaptation to a themselves of late to stir up sectional strife. They 
position of social harmony or subordinated utility were doubtless always a disgrace to their calling ; 
in the race to which they belong, are the last men h u t now tne y must nave ma( j e themselves more so 
to judge correctly the destiny of a people adapted ; n the estimation of every true Christian and hon- 
for control and usefulness. , Arguing from them- est man ^ greater hissing could not happen to 
selves is arguing from the disease of one family to tne f rec States, than to have every one of them 
the healthful manifestations of another. banished from the country, or consigned to the 

Without pursuing the subject further, let the g tate Penitentiary. They are the greatest pests to 
most fanatical honest abolitionist ask himself for SO ciety, the propagators of the most pernicious 
what he is seeking to destroy his country— to what doctrines that prevail at the North, and hanging 
end? Let him suppose 'that the whole country, or t he felon's doom would be but the punishment 
North and South, without a single exception, agrees every one of them deserves. The devil will never 
in his views, and still abolition is an utter impos-|g e t his dues until he is safely in possession of all 
sibility. Ascertain as such an insane measure^ gucn characters, 
should be adopted, the production of sugar, rice, 1 
and cotton ceases. Suppose we can do, North and * 
South, East and West, without these products, 
still all experience shows that the negroes, left to 
themselves, will not support themselves. Another 
three millions of laborers must be introduced to 
take the place of the negro, and to drive him out of 
existence. Abolition is, therefore, not only trea- 
son to the constitution and country, but to the ar- 
rangements of Nature and the rights of humani- 
ty. (! ! !) — Washington Union. 



•GIVE THE EEVIL HIS DUE.' 

Under this head, the Troy Daily Budget of the 
9th inst., says : — 

Some of the papers repeat the charge of inconsisten- 
cy against Wendell Phillips and Parker, of invoking 
mob law, and afterwards appealing to the authorities tc 
protect them from the mob. Mr. Phillips writes to W. L, 
Crandall on this as follows : — 

Dear Sir : — I did not ask the Mayor to protect m] 
house. If you are an observant man, you'll know it h 
wholly too early to expect truth from the press, abou 
Abolitionists, though I believe the New York press hai 
corrected this lie. Wendell Phillips. 

June M, 1854. 

We mean to give ' the devil his due' — if it b(" 
possible for mortal man to give devils like thosi 
named their just due. No one ever accused Wen 
dell Phillips of asking the Mayor to protect his 
house — but we have already shown that Theodore 
Parker asked Capt. Eaton, of police station No. 4, 
to send men to protect Phillips's house, and alsc 
that of Garrison ; that he at the same time intimat- 
ed that the Captain could do as he pleased about 
protecting his (Parker's) house — knowing all the 
while, that Capt. Eaton was aware that if there 
was any danger menacing either of the three houses, 
that of Parker's was the most likely to be assailed. 
(That these abettors of treason did solicit the assist- 
ance of the authorities to protect their persons and 
property — authorities they afterwards outrageous- 
ly contemned — no one here has a doubt ; and no 



THE DECISION WHICH JUDGE LORING 
■ MIGHT HA VE GIVEN. 

Fkiday, June 2, 1854. ' 
Mr. Commissioner Loring came in at 9 o'clock, 
and the parties being all present, pronounced the fol- 
lowing 

DECISION. 

> 

The question submitted to my decision is whether 
I shall award to the claimant, Charles P. Suttle, a 
certificate, authorizing him to take and carry to Vir- 
ginia the respondent, Anthony Burns, whom he 
claims as owing him service and labor. The kind of 
service which he sets up is that of a slave. 

The respondent's counsel have objected to the con- 
stitutionality of the Act of 1850, under which these 
proceedings are held, and to my right to act in the 
premises, on several gro aids. 

[The Commissioner then stated the points of objec 
tion, and over-ruled them successively, and declared 
his opinion to be that, upon the precedents, he was 
bound to hold the statute constitutional in all the 
points affecting this case. We omit his decision on 
these points, as being of less immediate interest.] 

The facts to be proved by the claimant are three: — 

1. That Anthony Burns was his slave, by the law 
of Virginia. 

2. That Anthony Burns escaped from slavery in 
Virginia. 

3. That the prisoner is the Anthony Burns in ques- 
tion. 

To prove the first point, the claimant introduces 
one witness, Mr. William Brent, of Virginia. M ? 
Brent's testimony shows that Burns has stood in thV 
relation of a slave to Col. Suttle from his boyhood. 
It also shows that at the time of the alleged escape, 
Col. Suttle had leased Burns to one Millspaugh, of 
Richmond, and that Burns was then, and had for some 
time been in the custody and under the control of 
Millspaugh, and that he escaped, if at all, from the 
custody and service of Millspaugh. It is objected by 
the defendant's counsel that this evidence shows that 
Col. Suttle is not entitled to the certificate. This 
raises, certainly, a serious question. By the law of 
Virginia, slaves are chattels, and the lessee of the 
chattel, being in possession, has the sole and exclusive 



right, against me general owner himself, to the pos- 
session and control of the chattel daring the lease. 
The constitutionality of this statute is sustained on 
the ground that the decision in these proceedings af- 
fects "merely the possession and temporary control 
of the party claimed, and does not affect the general 
property or title. If it were otherwise, it would con- 
stitute a suit at law, and a trial hy jury woidd be ne- 
cessary. It' would seem, therefore, quite clear that 
upon the claimants own theory, Mr. Millspaugh, 
and not he, is the person entitled to claim this certi- 
ficate. If Mr. Millspaugh and Col. Suttle were to 
interplead before me, each claiming the certificate, 
I cannot doubt -that I should be obliged to grant 
it to the former. 

To prove the second point, viz., the escape, the, 
claimant also offers the evidence of Mr. Brent. Mr. 
Brent says only that Burns was in Richmond up 
to the 24th day of March, and was then, and ever 
since "missing." He does not say that he went away 
without the leave of Mr. Millspaugh, Avho alone had 
the right to control hi3 movements, and how or 
why he was missing. To explain the act of Burns, 
they offer evidence of his conversation with Col. 
! Suttle, on the night of his arrest. In this conversa- 
i tion he says that he did not escape; but that being on 
board a vessel at work, he was tired and fell asleep, 
and was brought off by accident. Now this story 
may not be true, but it is put in by the claimant, and 
it is the very evidence tending to explain the act oi 
Burns, and the claimant is bound by it. Therefore 
the claimant's evidence not only fails to show an es- 
cape, but* shows affirmatively that there was no es 
cape. To entitle the claimant to his certificate, there 
must be, both by the Constitution and by the statute 
an escape. It is of no consequence how or why the 
slave comes into a free State — whether by accident, 
or mistake, or by a superior power; unless he escapes 
by his own voluntary act, against the will of Ids mas- 
ter, the casus foederis does not arise. (Simms' Case, / 
Cush., 298.) 

On the oral evidence, then, the claimant must fail 
on the second requirement of the statute, even ii 
the point as to the lease w r ere not sustained, 

But the claimant puts into the case a transcript ol 
a record made out ex parte, in Virginia, in pursuance 
of the 10th section of the act of 1S50. This act de- 
clares that this record "shall be held and taken to be 
full and conclusive evidence of the fact of escape, anc 
that the service or labor of the person escaping is due 
to the party in such record mentioned." The recorc 
sets forth that Anthony Burns does owe service and 
labor to Col. Suttle, by a law of Virginia, and that he 
escaped from such service and labor in Virginia. If 
then, this record is to be received, and to have its ful 
statute effect, the title and escape are established, anc 1 
the only question open to me is that of the identity. 
But I should be slow. to believe that any statute o 
this land was intended to make an ex parte record con- 
elusive against the proof actually made by the partj 
who offers it, on a trial in presence of both parties 
Here is a trial, with witnesses on the stand, in pre 
sence of both parties, and the claimant's own proo 
shows him not entitled to prevail. Can it be that he 
may fall back upon proof offered at an ex parte hear- 
ing, previously, and elsewhere, and contradict and con- 
trol his own proof here, and compel the Court to de- 
cide against the evidence: The defendant's counse 
contend that by offering proof of the title and escape 
other than the- record, the claimant proceeds under th 
6th section, and not the 10th, and is not entitled t 
use the record, the two sections providing for separat 
and distinct proceedings; also that the conclusivenes 
of the record cannot apply to the claimant's own prooJ 
but only prohibits the defendant from controverting th 
record by proof. They also object to the instrumen 
on the ground that it is not a record, but only a recita 
that there is a record, which is not produced, and be 
•ause it does nkt describe the party with "convenicn 
certainty," as required by the statute, inasmuch a? i 
does not say whether he is a white, a negro, an Tn 
dian or a mulatto, but only that he is "dark- complex 
ioued." If, on any one. of these grounds of objection 
the record is not received, or not allowed to have con 



elusive eflect, tne claimant must iau, oecause no es- 
cape has been proved, to say nothing of the objection 
as to the lease. 

Without deciding at present whether the record is 
to be received or not, I will pass to the question of 
identity. 

The testimony of the claimant is from a single wit- 
ness, and he standing in circumstances which would 
necessarily bias the fairest mind — but other imputa- 
tion than this has not been offered, against him, and 
from any tiling that has appeared before me, cannot 
be. His means of knowledge are personal, direct, 
and qualify him to testify confidently, and he has 
done so. 

The testimony on the part of the respondent is from 
many witnesses whose integrity is admitted, and to 
whom no imputation of bias can be attached by the 
evidence in the case, and whose means of knowledge 
are personal and direct, but in my opinion less full 
and complete than that of Mr. Brent. 

Then between the testimony of the claimant and re- 
spondent, there is a conflict, complete and irreconcila- 
ble. The question of identity on such a conflict of 
testimony is not unprecedented nor uncommon in ju- 
dicial proceedings, and the trial of Dr. Webster fur- 
nished a memorable instance of it. 

The question now is, whether there is other evi- 
dence in this case which wdl determine this conflict. 
In every case of disputed identity, there is one person 
always whose knowledge is perfect and positive, and 
whose evidence is not within the reach of error, and 
that is the person whose identity is questioned, and 
such evidence is offered in this case. The evidence is 
of the conversation which took p'ace between Burns 
and the claimant on the night of the arrest. 

It may be conceded that this evidence, if received 
and allowed its full weight, would establish the iden- 
tity of the prisoner with the Anthony Burns named 
in the record, beyond a reasonable doubt. The con- 
versation took place very shortly after the arrest of 
Burns, at the time he first discovered that he was 
claimed as a slave, and while he was in custody. The 
only person examined as to his state of mind, a wit- 
ness for the claimant,*says that at first Burns appear- 
ed intimidated, but latterly had been entirely com- 
posed. Of course this state of intimidation applies to 
the time of the conversation, which was at .the first 
moment he knew he was held as a slave; and I re- 
member that the next morning I thought him hi such 
a state as to require me to allow him an adjournment, 
in order to make up his mind what course he would 
pursue. It is said that the language of Col. Suttle 
to him, "I make you no promises and no threats — I 
make no compromises with you," may be considered 
as intimidating in its character, or at least, as intimat- 
ing to the prisoner that his treatment hereafter would 
be according to his conduct there; and I am requested 
to rule out this evidence, on the ground that the ad- 
missions of an alleged slave to his master, while in 
custody during a trial for his freedom, are not legal 
evidence for the claimant, and on the further ground 
that, if not objectionable on general rules, there 
is evidence here of actual duress and influence. 
Another objection is that the conversation put in 
by the claimant is entire, and that if any part of it 
is received, the whole must be received. His conver- 
sation, taken at the worst for the defendant, asserts 
that he is the party named in the record, and was the 
slave of the claimant, but shows that lie diel not es- 
cape. It is an inflexible rule of law, provided in 
justice, that the whole of an admission must be taken 
together. If, therefore, I am to receive this conversa- 
tion, w : hile it would satisfy me of the identity, it 
would negative the escape. But the claimant says 
the record is conclusive on the point of escape. If so, 
I must reject a portion of this conversation, because it 
conflicts with the record, and if I reject a part on such 
grounds, by the claimant's act, must I not reject the 
whole? If so, the identity is not proved. The claim- 
ant's case is in this dilemma. It the record is received 
and is conclusive, it seems to me that I must reject 
the entire conversation, because I cannot take the part 
lhat convicts him, if I must reject the part that acquits 
him, and the claimant fails, because the identity is left 
in doubt. If the record is rejected, the entire conver- 



sation goes in, the identity is proved, out the escape jg 
negatived. Therefore, whether the record is received 
or rejected, the claimant must fail. 

Let me restate tho conclusions to which I am led, 
on the several points. I think myself bound by the 
precedents to hold the statute constitutional, and to 
hold that I have jurisdiction in the premises. It is 
the inclination of my belief that thi3 record, if other- 
wise sufficient, cannot be admissible as conclusive on 
the Court against the positive proof of the claimant 
himself, and that, without the aid of me conclusive- 
ness of the record, the claimant has not proved an es- 
cape or aright of possession hi himself. On the point 
of identity, even if the title and escape were proved, 
there is a reasonable doubt on the evidence of the wit- 
nesses, and the burden of proof is on the claimant to 
establish the identity beyond all reasonable doubt. 
If the admissions of Burns were received and allowed 
full weight, it would remove this resonable doubt. 
To say nothing of the objections to the competency of 
these admissions on general principles, or under the 
circumstances of this case, I am not willing to receive 
that part of a conversation which convicts a man, if I 
am obliged, by the act of the other party, to reject 
that part which acquits him. If, therefore, the record 
is received, the entire conversation goes out, and the 
identity is not proved.' If the record is rejected, the 
entire conversation goes in and the identity is proved, 
but the title and escape are not proved. On any of 
these grounds, I am prepared to place my decision. 
This result may be owing to the accidents and mis- 
takes which sometimes attend legal testimony.and arise 
in the vicissitudes and complications of novel proceed- 
ings at law. But I am bound to know only the evi- 
dence legally before me. The certificate is refused, and 
the prisoner must be discharged. 



^| 

THE BOSTON POST. 

On the return of the senior editor of the Atlas to 
this city, after an absence of two or three weeks, his 
attention was called to an article in the Boston Post, 
virtually charging him with embezzling the public 
money, when he filled the office of Naval Officer in 
the Boston Custom House. As this article is evi- 
dently designed by the senior editor of the Post to 
mislead the public, we will give all the facts in the 
case, and leave the public to judge which has pursued 
the most manly and honorable course, the past or 
present Naval Officer. We will give the exact Ian I 
guage of the Post: 

"Yes, the reverend editor of the Boston Atlas, ex- 
naval officer, was not only in this horrible place (the 
naval office,) for four long years, receiving his legal 
salary of five thousand dollars a year all that time, 
but pocketed sixteen hundred dollars in addition, (which 
the government says he has no right to) when he re- 
luctantly left the Boston Custom House and became 
sensible of its wickedness!" 

That the whole subject may be understood by the 
public we will state fully and without reserve all the 
facts in the case. The law fixing the salary of the 
Naval Officer, not only specifies the maximum he shall 
receive as Naval Officer, but provides that he may re- 
ceive "for any services he may perform for the United 
States in any other office or capacity," a sum not 
exceeding "four hundred dollars annually." The act 
of 1846, establishing the subtreasury, provided that 
the Naval Officer with the Surveyor, shall count the 
money in the vaults, examine the books of the assis- 
tant treasurer, and make a report to the secretary of 
the treasury as often as he may direct. The Secreta- 
ry has ordered this to be done once a month. 

The sub-treasury act went into operation during 
the official term of Mr. Parmenter. He considered 
that this duty was performed in some other capacity 
than that of Naval officer, and that he was entitled by 



law to an extra compensation therefor, and hence he 
made a charge for his services; aiid as the government is 
not sueable, he adopted tnc common and the only 
practicable measure of ensuring a settlement, viz., 
that of retaining a portk-u of the public money, so as 
to induce the government to commence a suit, that 
a judicial decision might be had. This was done by 
Mr. Parmenter, not with any intent to defraud the 
government, or to embezzle it? funds, but for the pur- 
pose of obtaining a settlement at an early day. The 
course of Mr. Parmenter has been well known to the 
leading Whigs, but no press to our knowledge was 
ever mean enough to even intimate that he was a de • 
faulter, or had, to use the sublime language, of the 
Post, "crammed into his pockets" the funds of the 
nation. Every one acquainted with the subject, 
knew his course to be perfectly honorable. The 
Post has known that Mr. Parmenter retained a 
portion of the public money; and it knows, more- 
over, that this is the coarse p« " govern- 
ment officers genorHly, when thy r. H , n ioney in 
their hands, as the only mc * le S al de- 
cision can be had, and the money be obtaiufri in case 
the suit be decided in favor of the officer. 
-While in the naval office, we kept our account for 
ordinary services entirely distinct and separate from 
this extra charge, and all those accounts have been 
adjusted. When we retired from that office we pre- 
sented our account for extra services, and retained in 
our hands a sum equal to the charge. Of this fact 
we informed the Department, in a letter addressed to 
the Secretary, setting forth the grounds of our claim. 
Wc also caused the whole matter to be spread upon 
the records of the Naval Office, so^that all the facts 
may be known to whom it may concern. The whole 
matter will turn upon the construction of a statute, 
and whatever that construction may be, we are pre- 
pared to abide the result. 

These are not only the facts in the case, but they 
were all known to the senior editor of the Post when 
he published his mean charge against us. When we 
left ti? e cmce we stated the case to our successor, and 
he expressed his approval of our course, and as he 
was as much interested as his predecessors, he express- 
ed his willingness to bear Ms proportion of the ex- 
pense of a suit to settle the principle. He even went 
further, and said he was well acquainted with Hon. 
H. J. Anderson, Commissioner of Customs, and he 
would present the case to him and press the allowance 
of the claim. This conversation we kept as confiden- 
tial, and should not have mentioned it had not the 
editor of the Post, in violation of all confidence, at- 
tacked us personally,* and attempted to impute dis- 
honesty to us by suppressing the important facts in 

the case. 

With this statement of facts, we are willing to sub- 
mit the case to the public, believing that they will find 
no difficulty in deciding whose course has been open 
and manly, and whose has been mean and contempti- 
ble. 

There are two othci points in the article in the Post, 

which we will notice. ' .H ic etlHpr says: 

"He did not go into it (the Naval Office) as the 
only chance of gaining a competency; nor does he in- 
tend to come out of it with sixteen hundred dollais 
crammed into his pockets which the government 
shall say does not belong to him. 



Notwithstanding this flourish of- .trumpets, -whoever 
knows the redoubtable Colonel, knows that he is 
never . backward in receiving all that the law will 
give Kim. Ever since he dealt in blanks, wrapping 
paper and twine, we have seen him ready to .receive 
from the government the largest sum which could 
fairly be obtained. And that very competence of 
which he now boasts has been derived in no small 
degree from the party patronage which he has in a 
great degree monopolized, to the vexation of others of 
his party, equally deserving. And now, though he 
backs out of his statement, that he would bear his 
portion of the expense of a suit to decide the princi- 
ple, we have great confidence in the belief, that if it 
should be decided in favor of the officer, he would 
cling to his share of the emoluments, as readily as any 
other man. 

The editor of the Post vents his spleen upon us by 
the use of such termsas "slander and liar.'" We have 
no disposition to bandy such terms with the editor of 
the Post, nor do we fear any injury to our character 
by such appellations, coming from such a quarter. 
We are both somewhat known in this community: 
and we are willing the public should form their esti- 
mate of our characters respectively. We arc willing 
they should judge of our honor and patriotism, the 
manner in which we have respectively attained office, 
and of the fidelity with which we have discharged our 
duty when in office. As the editor of the Post is dis- 
posed to assail our private character, we are not dis- 
posed to shrink from investigation on that score, but 
are willing the public should judge between us; and 
we shall not fear their verdict. 



THE CIVIL AND THE MILITARY POWER. 

Certain articles which have appeared in different 
papers, commenting upon the sound and unanswera- 
ble logic and law of P. W. C 8 have distinguished the 
weakness of their cause by the absence of argument, 
and the substitution therefor of fLLppa acy, dogmatism, 
and misrepresentation. Of these, the most weak in 
argument, and the most abounding in its shallow sub- 
stitutes, are those which have appeared in the Boston 
Courier. One of these is now understood to be from 
the pen of that "Counsellor" who counselled Mr. Sut- 
tle to refuse to permit the benevolent merchants of 
Boston to ransom Burns, even for five times his nom- 
inal value; and that self-same "Counsellor" whom 
Mayor Smith chose to follow, in violation of law, 
rather than to consult his only official adviser, our ex- 
cellent and estimable City Solicitor,-— a "Counsellor" 
more generally known as a "Soldier of Fortune." His 
light, however, has been already extinguished, by 
the second article of P. W. C, published Friday. 
Having opened its columns to this "Counsellor," who 
counselled only mischief, false logic, and worse law; 
and whose sole aim has been to exalt Franklin Pierce, 
and to injure Boston, the Courier seeks, with blend- 
ed drivel and flippancy, to screen its correspondent- 
the U. S. Attorney, and with him his municipal cat's- 
paw, Mayor Smith. To those who may see the ar- 
gument it pretends to assail, sucn stuff can have no 
influence. Its apparent aim is, however, to make it 
appear to those who may not have that privilege, that 
these papers are but mere legal quibbles, instead of 



the solid, substantial, unanswered and unanswerable 
arguments, which in reality they are;' expounding not 
only the law, and the general policy under the law, 
but the great fundamental principles which underlie 
the law. So far as the legal accuracy of these papers 
Is concerned, they have not been touched or reached. 
These writers have not even attempted to do ,so. Nor 
have they referred to its strongest points, or its more 
striking illustrations. They pass by what may not 
be answered. 

P. W. C. has clearly shown, moreover, that the law 
is based on the soundest principle of republican poli- 
cy, which is, that, at a moment of emergency, the 
great reliance for the preservation of order and the 
supremacy of law is upon the people th emselves. This 
principle is recognized in the powej: which magis- 
trates possess, to call upon bystanders to aid in the 
preservation of peace, under the penalties of disobe- 
dience. This great principle of republican policy im- 
plies that the people are sound, and are always ready, 
when called upon, to uphold the law. The Mayor, 
however, acted upon an exactly opposite principle™ 
that no reliance is to be placed upon the people;' that 
they were enemies, and to be treated as enemies only, 
not as the strong arm recognized in our constitution 
and laws. 

The one great e^ror which these writers seek to im- 
press upon their readers, is this : that if any mistake 
was committed, it was on the right side; that of i 
order; that perhaps the Mayor may lave leaned a 
little too much on the side of law and order, (not, we 
presume, when so full of regret that he could not pre- 
side over the Faneuil Hall meeting, nor yet when he 
threatened with dismissal any of his police who inter- 
fered with any attempt to rescue the claimed fugi- 
tive,)— -but after all no harm has been done, all has 
ended well, and the end justifies the means\ But this 
is not so. The error committed is of a far greater 
moment than these writers allow. A great deal of 
mischief has been done that might have been avoided, 
and even greater and most fatal consequences have 
been escaped only by a hair's breadth, for which escape 
we owe the Mayor no thanks. Boston has been 
placed in a false position before the nation, by this 
great array of mili tary force, with no attempt in the 
first place to keep the peace by means of peace offi> 
cers. Our order loving and order preserving city has 
been subjected to undeserved imputations, which the 
conduct of the Mayor and his advisers has made it 
difficult to answer, and which are virtually repeated 
by these writers. Now if Mayor Smith had but fol- 
lowed the teaching of the law and of experience, by 
strengthening his civil police, by having the military 
in readiness, but not offensively prominent, and in- 
stead of abdicating his office, and substituting in his 
stead, a military dictator, had done his own duty in 
person, as our Eliot and our Chapman and Quincy 
did before him, how differently would we now stand 
in the eyes of the country ? Where would then be 
the loop-hole for the arrows of our enemies ? 

No harm done ! Is it no harm to have shown with 
what facility law may be trampled upon in the name 
of order, and a military despotism established even in 
a republic ? Another time we may be hi hands less 
safe than with a General Edmands, and no Major 
Boyd may be at hand to prevent the shedding of inno- 
cent blood. 



The~quTb"6Tmg writer in the Courier of Saturday 
takes the ground that inasmuch as there is a doubt 
whether the Mayor acted legally, he did right to give 
the people the benefit of the doubt, and t© act as he 
did. But there is no such ddubt. The Courier begs 
the whole ground. Besides, the Courier fails to show 
that the people would not have had equal benefit if 
the Mayor had himself acted according to the law. 
The complaint is, not that the Mayor called uprn the 
militia, but that, while he ordered them to do their 
dutv, he neglected his own; that he gave up the city 
to the military power, when there were certain things 
which he ought to have done himself. All that the 
Courier says about keeping the public peace, and 
making every effort to this end, is to no purpose in 
this discussion, and a mere blind, because nobody de- 
nies or questions this proposition. So of all that is 
said about the riots in Bristol and the Lord Gordon 
riots in London. No one defends the magistrates in 
those cases; but because they neglected their duties 
there, it is no reason why magistrates here should neg- 
lect theirs, or do illegal acts. Besides, the Courier 
has nothing to say of the Chartist demonstration in 
London in 1848, where a most formidable threatened 
riot, amounting almost to civil war, was checked 
without the appearance of a soldier in the streets. 

It is unfair, also, for this writer to. give the im- 
pression, that P. W. C. has attacked Mayor Smith or 
the military. This is not so, and was expressly dis- 
claimed; nor did that writer argue either that the 
calling out of the military was illegal or that it was 
inexpedient. The subsequent course of the Mayor, in 
putting the city, the whole city, under martial law, 
was complained of as being illegal. Does the Courier 
deny this? And is such an act, if illegal, to be justi- 
fied because no harm was done? Is it proper to take 
unlawful measures to enforce law? Is it expedient for 
the authorities, in opposing law breakers, to set them 
a bad example by themselves breaking the law? Nor 
do we agree that the question is of such trifling im- 
portance as the Courier seems to suppose, or that all 
discussion is inexpedient. On the contrary, there is 
no more important question that can arise than this 
precise one respecting "the civil and the military 
power." And if it turns out in fact, as is now inti- 
mated, that our volunteer militia were not called out 
to keep the peace under civil magistrates of the State, 
but were actually in the pay of the United States, and 
under the orders of a United States officer, enforcing 
a law of the United States; if all this be so, it will 
be long before Mayor Smith hears the last of it, if our 
militia have as much self respect as we suppose them 
,to possess. 

The principles avowed by the Courier will justify 
any course by a magistrate, if he only preserves the 
peace. Louis Napoleon proclaimed the empire in or- 
der to preserve the peace. Our citizens feel that 
peace is only desirable when it exists under the law, 
and if the means provided by law be not sufficient for 
public order, let it be altered by the Legislature, not 
by the Mayor of Boston. But the means provided by 
the laws are sufficient, if our magistrates have sense 
enough to understand, and ability enough to execute 
therfl, 



[Prom the Daily Advertiser.] 

The Civil and the Mm-F^x Power. v- If the 
articles of our c/MTespondent on tJns subject produce 
no other result than 'to call public attention to a most 
important subject, they will $6t have been written in 
vain. We may add, that the, manner in which the 
discussion has been conducted in our columns is sueh- 
as ought to protect the writer from any charge or in- 
inuation' of being actuated by personal feeling or a 
desire to j ustify any breach of the laws of the State or of 
the United States. It is important that the precise 
points at issue should be understood. In the first 
place, our correspondent has never made any personal 
attack on the Mayor, or denied that he was actuated 
by -any other than proper motives for the course he 
pursued. Still less has there been any complaint be- 
cause the militia came out in pursuance of the May- 
or's precept, and obeyed the orders of the commander 
in the proceedings of Friday, the second of June. 
Nor has there been any question of the legal right of 
the Mayor to call out the militia in case he deemed it 
expedient on account of a threatened riot. Whether 
this course was expedient, is a point of which our 
correspondent carefully avoided the discussion, on^he 
ground that if an error was committed in this respect, 
it was merely an error of judgment, involving no 
principle of importance, and not likely to occur again. 

The real question at issue we conceive to be this: 
Y/as the conduct of the Mayor and other magistrates, 
after the troops had been ordered out, and particular- 
ly was the proclamation of the Mayor, in which he 
stated that certain extraordinary powers had been 
committed to Major General Edmauds, according to 
law? It is maintained that this course was illegal; 
that it placed the soldiers themselves in a peril of 
which they had a right to complain, and was a most 
dangerous assumption of power on the ^>art of our 
Chief Executive officer. 

It is no answer to these positions, to indulge in 
sneers at the writer; or to falsely represent him as 
joining with those who are opposed to the execution 
of the fugitive slave law, or of favoring the views of 
fanatical reformers in any manner whatever. Noi 
will it aid the public in understanding the subject, to 
raise collateral issues, or to elaborately answer posi 
tions. which have never been taken and which have 
no immediate relation to the precise points involved. 

An editorial article in the Courier of Saturday treats 
the whole discussion as one of little importance, es- 
pecially as there has been no immediate evil result. 
We are unable to agree with our contemporary in this 
matter." On the contrary, we regard it of the highest 
moment that the law should be fully understood by 
magistrates, citizens and soldiers. The duty of pre- 
serving the public peace from riotous assemblies at all 
times is very obvious, but it is equally clear, that the 
means taken should be legal; that the authorities, in 
repressing lawless outbreaks of bad citizens, should 
not themselves be guilty of violating the laws, and 
thus set an example which will go far to destroy the 
confidence of the community in legal enactments. 
Nor is it a valid defence to any such course, that the 
peace was in fact preserved, and that public order 
triumphed. Such a plea will justify lynch law, and 
the acts of arbitrary power in setting aside the law for 
the time being, in order to accomplish more speedily 
a seeming good, by means not justifiable. When the 
law is violated by those in power, it may be a matter 
of congratulation that no immediate evil resulted, but 
it can never be a valid argument to justify such vio- 
lation in the future. Besides, in the present case it 
does not appear that the results would not have been 
equally satisfactory if the legal course had been taken, 
—if every measure pointed out by the statute had 
been pursued, and if every measure not sanctioned by 
the law had been avoided.. It is quite obvious, we 
think, that such would have been the case. 

The Courier seems to repaid the discussion as if it 
had been conducted in a captious spirit, and speaks of 
thft "logical hair splitting and microscopical anatomy 
of the commas and semi-colons of the statute," and 
says that our correspondent "handles the subject 
with a frigid indifference to practical results;" that 
"he stifles the patriot and the citizen in the dry and 



barren abstractions of the legist." Uur readers win 



judge whether there is any justice in these assertions; man tlunks tne Mayor did right, and doubts the right 

or whether the discussion has not been conducted of an y one to question his acts, or those of anybody 

plainly, and with a single view to practical results, else, who assisted in carrying oft" his client's eh a ttnl 

and whether true patriotism is better shown in as- but the value of his legal ^ Qn ^J^* 



certaining and proclaiming the law, than in urging ,. , , ! . / h «P mion ( 
magistrates to make illegal measures in future or those P articu3ar subject, is quite another 



of a doubtful character, in cyms where human life is 
in peril and where the peace and good order of sopiety 
are at stake. 

•It is said that the strict legality of the Mayor's con- 
duct is affirmed by some legal authorities and denied 
by others. This may be the case; but it would be gra- 
tifying to have the names of those laAvyeis of distinc- 
tion, who deny the legal positions which have been 
maintained by out correspondent. 

The impression it makes upon miiitax-y authorities 
may be deduced from the very pertinent toast given 
by General Edmands at the Light Infantry dinner on 
Monday, 

Low and Oi-dcr—L&w in such order that it may be interpreted 
legally, and not destroy thai sense of security which the military 
feel when they arc called upon to run the risk of firms amon°- 
their fellow citizens. 



question-. 




t #Htrtjr Coralratatt. 



By R. W. Gibbes <fc W. B. Jolmstos*. 



COLUMBIA. 



Tuesday Morning, June 6, 1854. 



: 



SSPThe communication of the writer in yester- 
day's Post, upon Mayor Smith's conduct, is a coolj 
specimen of backing out from every important propo- 
sition he formerly undertook to maintain, without the 
grace of admitting that he was mistaken, both in his 
law and his facts, with a small mixture of affected 
smartness to conceal the nakedness of his position. 
After two mortal columns of talk or twaddle, now 
gravely laying down propositions which are of no sort 
of consequence; now carping at expressions of no im- 
portance, and now seriously arguing what nobody de- 
nies, he comes at length to the real pinch in the case, 
the orders of the Mayor, and has the impudence to inti- 
mate that no orders were given, or if given, they were 
probably this, that and the other — when the Mayor 
himself, who ought to know, expressly states in his 
proclamation that the Major General had certain or- 
ders, which and which only are the ones complained 
of. This writer seems to know so much better than 
the Mayor, that one would suppose he drew up the 
orders himself. "Here," says the wiseacre, "is no 
delegation of authority, not any more than a physi- 
cian can be said to delegate his authority, who, leav- 
ing a prescription for his sick patient, instructs the 
nurse to administer it or not, as the event happens." 
Unfortunately in this case, the doctor instructed the 
apothecary to take the sole charge of the patient, 
with authority to administer, not calomel and ipecac 
merely, but every medicine in the shop, and cold 
steel and lead to boot. "And it, does not appear," 
he continues, "that the Mayor had not before giving 
it, [the order] been round, as* Mr. C. insists he must." 
That is, the Mayor may have ordered the mob to dis- 
perse, &c, before giving his orders to the Major Gen- 
eral, when, in fact, the proclamation was issued be- 
fore the troops left the Common — before they even 
assembled there. "I thought," he says, in conclud- 
ing, "the act of calling out the military an act of wise 
precaution." Well, who disputes it? "I thought that 
act would have been useless if the military had not 
been disposed faster, as they were." What is the 
meaning of this? How arc the military "disposed 
faster." "I thought Mr. C's communication uncalled 
for. I have yet seen nothing to change my opinion 
in any of these respects." The Transcript of last 
evening aiays the writer of these precious "thoughts," 



JBuliets and JJraiiis, 

Let the immaculate and Rev. Theodore be here- 
after known by this nickname. He who incites 
mobs to rebellion and murder, he who preaches., 
philanthropy to gay congregations as they loll in 
velvet cushioned pews, and profanes the sanctuary 
of the living God by fierce denunciations of the 
laws of his country, he who stands up as the min- 
ister of the gospel of peace, instead of aiding out 
of his munificent salary the cause, which he pro- 
fesses to believe that of humanity, offers "bullets 
and brains" as his contribution to its advance- 
ment! Oh! pious Theodore, when the blood of 
Batchelder rises up in judgment against you and 
the other accessories to the murder, we apprehend 
"bullets and brains" will avail you little. The 
ignorant perpetrator of the deed may find mercy, 
but for you, gifted by your Maker with brains 
and intellect, figuring in a Boston pulpit as His 
ambassador, where, oh! where, will mercy be 
found when it will be revealed that the brains 
thus given to you raised the murderer's hand? 
"Bullets and brains" we fear in that day will not 
be regarded as an acceptable offering in the ser- 
vice of that kingdom whose livery you have stolen. 
But God is merciful, and we "judge not." 



Epitaph to James Batchelder. — The follow- 
ing has been published as a suitable epitaph to 
Mr. James Batchelder, who was killed at the abo- 
lition riot in Boston: 

In memory of 

. JAMES BATCHELDER, 

aged 24 years, 

who, on the 26th day of May, 1854, 

in the City of Boston, 

in the very Temple of Law, 

and in the performance of his duty as a policeman, 

DEFENDING THE LAW AND ITS SANCTUARY 

from illegal force and violence, 

WAS MURDERED BY A MOB, 

instigated to riot and bloodshed, 
in the name of 

HUMANITY AND FREEDOM, 

by Theodore Parker, 

a minister of the Gospel of Peace, 

by Wendell Phillips, 

a wealthy citizen of Boston, 

and by other kindred spirits and advocates of J 



the "higher law.' 



|^A New England contemporary, having received a pam- 
t*let entitled " A Statement. of-Facts from every Religious 
Denomination in New England respecting Ministers' Sal- 
aries," going to show the fact that the salaries of clergy- 
men in New England are very low, remarks that he should 
not object -to seeing some of the salaries increased, espe- 
cially of those who do not consider it a p 



1 t of their duty 



is understood to be Seth J.Thomas, the attorney of to preach politics. But he well says that " the political 
Col. Suttle! That's enough. No doubt this gentle- I priests should be paid by the party which receives the ben- 

• - ©fit of their valuable Svii- vices.-" 



President's Proclamation. 

Subjoined is the proclamation just issued by the 
President of. the United States. The President 
asserts, in strong and unequivocal language, his 
determination to enforce existing laws against 
certain armed expeditions supposed to be intended 
for the invasion of Cuba: 

Whereas information has been received that sun- 
dry persons, citizens of the United States, and 
others residing therein, are engaged in organizing 
and fitting out a military expedition for the inva- 
sion of the Island of Cuba; 

And whereas the said undertaking is contrary 
to the spirit and express stipulations of treaties 
between the United States and Spain, derogatory 
to the character of this nation, and in violation of 
the obvious duties and obligations of faithful and 
patriotic citizens; 

And whereas it is the duty of the constituted 
authorities of the United States to hold and main- 
tain the control of the great question of peace or 
war, and not suffer the same to be lawlessly com- 
plicated, under any pretence whatever; 

And whereas, to that end^ all private enterpri- 
ses of a hostile character within the- United States, 
against any foreign Power with which the United 
States are at peace, are forbidden, and declared 
to be a high misdemeanor by an express act of 
Congress; 

Now, therefore, in virtue of the authority vest- 
ed" by the constitution in the President of the 
United Slates, I do issue this proclamation to 
warn all persons that the general government 
claims it as a right and duty to interpose itself 
for the honor of its flag, the rights of its citizens, J 
the national security, and the 'preservation of the 
public tranquillity, from whatever quarter menaced; 
and it will not fail to probecute with due energy 
all those who, unmindful of their own and their 
country's fame, presume thus to disregard the 
laws of the land and our treaty obligations. 

I earnestly exhort all good citizens to discoun- 
tenance and prevent any movement in conflict 
with law and national faith; especially charging 
the several district attorneys, collectors and other 
officers of the United States, civil or military, 
having lawful power in the premises, to exert the 
same for the purpose of maintaining the authority 
and preserving the peace of the United States. 
Given under my hand and the seal of the 
United States, at Washington, the thirty- 
first day of May, in the year of our Lord 
[seal.] one thousand eight huudred and fifty- 
four, and-.the seventy-eighth of the inde- 
pendence of the United States. 

FRANKLIN PIERCE. 

By the President: 

W. L. Mabcy, Secretary of State. 



Wnat it Cdsts. 

The recovery of stolen property in the person of 
a black nigger, like Toney Burns, costs a snug 
sum. It is estimated that the entire expense of 
this case will exceed the sum of thirty thousand 
dollars. It is a pity that there is no law by which 
Boston would be compelled to pay the whole 
amount. 

The Boston papers state that with regard to the 
military expenses the President has been consulted, 
and replied that the United States government 
will assume all the expenses of the military — 
either for service of United States troops, or of the 
Massachusetts volunteer militia. 




Rendition of Bnrns. 

We subjoin some of the details of the closing 
scenes of the Boston fugitive slave case; 

The Court met at 9 o'clock, when the fu 
was brought in, guarded by a half a dozen/men 
The court-room was nearly filled with the Mar 
shal's guards — each man being provided with a 
pistol, concealed about his person. Theodore 
Parker and W'endell Phillips came in with the 
fugitive's counsel. 

The Commissioner then gave his opinion. After 
analysing the evidence he discussed the constitu- 
tionality of the Fugitive Slave Law, concluding as 
follows: "I think the statute constitutional, and 
it remains for me to apply it. The facts concern- 
ing the escape and identity were all the Court had 
to consider, and he was satisfied the claimant had 
fully established these. He was therefore entitled 
to a certificate of his rights to the fugitive. 

At an early hour this morning, a company of 
United States Infantry and a detachment of Artil- 
lery, with a six-pounder, from the Navy Yard, were 
stationed to guard the main entrance to the Court 
House. 

A crowd assembled rapidly, thousands having 
gathered by 9 o'clock. After the Commissioner's 
decision was announced, Court Square was cleared, 
and the Artillery detachment performed various 
military evolutions. Court street, and. every avenue 
leading to the square, being thronged. Numerous 
stores were closed, and many building festooned 
with black. 

The Mayor soon issued a proclamatio 
ing the people to disperse, and warning the 
he had given to Major General Edmunds and th& 
Chief of Police full discretionary powers to sustain 
the laws with all the military and civil forces under 
their command. 

The American flag was draped in mourning and 
hung across Court street. Cannon were placed so 
as to sweep Court Square. 

A coffin has just been suspended from a building 
at the corner of Washington and State streets. 

The colored pastor of the Baptist church and 
Burns' counsel took leave of him at 12 o'clock. 
He appeared to be in good spirits. There are now 
fully 20,000 persons in State and Court streets. 

Applications were made to the Mayor to have 
the town bell tolled, but consent was refused. 

The preparations made for the conveyance of the 
prisoner to the wharf were most complete. A large 
body of police was stationed at Centnl Wharf, 
where arrangements had been made to convey him 
in a steamboat to the revenue cutter Morris, which 
was then to be towed to sea. 

The entire brigade of State Militia, 'waiting at 
the Commons, marched down State street, to as- 
sist in preserving the peace. As they passed along 
they were saluted with hisses and cries of shame,, 
by the excited portion of the crowd. 

The Light Dragoons, Col. Wright, cleared a 
passage through State street, which was blocked 
up by a dense mass of whites and colored 
persons, When the military had all taken their 
positions, the line extended from Court Square 
to Central Wharf, through a crowdof not less than 
20,000 persons. 

At one o'clock, Court street was cleared of the 
mob after much trouble. All the streets leading 
into it, are guarded by troops. Wni. Jones, one of 
the witnesses at the trial, was arrested for using 
exciting language. He was taken up State street 
by I and euthu-t ^ticaliv cheered all 

the wiy. The police were greeted with groans 
and biases. 

At half-past two o'clock, Burns was taken from 
the Court House, under a guard of one hundred 
men, armed with swords and pistols, being the 
marshal's special deputies, together with three 
companies of United States troops, including an 
artillery detachment with their nine pounders 
ready loaded. The Boston Light Dragoons and 
Laucer's followed, and the infantry companies of 



i 



the i'irst Brigade and tttiUf: Mmuri. moans, 
hisses and yells were poviei apon the line as it 
passed. 

At 3 o'clock Barns was escorted to the -wharf, 
where he was put en board the steamer John Tay 
lor, and conveyed to the Revenue Cutter Morris, 
lying in the stream, which, was immediately towed 
to sea. She goes direct to Norfolk, Virginia. Hot 
less than 1,200 troops formed -the, .escort $B the 



wharf, together with 150 



citizens, <5ach armed 
No serious' outbreak 



with cutlass and revolvers, 
occurred. 

It is impossible to estimate the number of per- 
sons present. The streets were literally packed — 
thousands were present from the country. At the 
corner of State and Washington streets a quantity 
of snuff, cowhage, and a bottle of vitriol was thrown 
among the escort. In the vicinity of the Custom 
House a truckman attempted to drive his team 
through the lines of the military. One of his 
horses, a valuable animal, was killed by a bayonet 
stab. The crowd cried "shame," "shame," and 
made a rush, when the commander of the com- 
pany, greatly excited, ordered his troops to fire. 
Col. Boyd, of the staff, hearing the order, spurred 
his horse in front of the company and prevented 
the execution of the order, Severals arrests were 
made, and three or four individuals were badly 
hurt. A well-dressed elderly man was conveyed 
to the hospital with his head cut open with a 
sabre. John K. Hayes, Captain of the Police, 
resigned at noon, refusing to do duty. 



Fishing for a Nigger. — We have had some 
experience in piscatory exercises, but an officer of 
the customs, named Casey, beat us all hollow a 
few nights ago. He understood a secret, known 
only to experienced fishermen, of using the right 
bait. 

It seems that Mr. Casey was in command of a 
barge on the river for the purpose of preventing or 
detecting smuggling. While ouside of the ship- 
ping, on Sunday night, he thought he heard some 
one fall overboard from a ship. He immediately 
directed his boat to the spot, (it was 3 o'clock in . 
the morning,) where he discovered some bubbles 
in the water. Putting down his hand, it came in • 
contact with the short wool on a negro's head. His 
hold proved ineffective and the negro sank. At 
this moment Casey (directing his boatmen to hold 
on to his legs) immersed himself, and putting his 
hand way down in the water, it came in juxta- 
position with the nigger's mouth, who bit at it as 
rapidly as a catfish would at the entrails of a tur- 
key buzzard. By this means he hauled the 
darkey out, and restored him to life and to his 
master. 

But. this is not all. We should fail to do justice 
to the generosity of the owner, did we not state 
the fact that he forthwith, without any prompt- 
ing, and merely from the generous impulses of 
his own nature, paid Mr. Casey the sum of two 
dollars. 

We have advised Casey to put in a claim for 
salvage in the United States Court. He is entitled, 
we think, to at least half the value of the negro. 
When we saw him last his finger was greatly 
swollen and heavily bandaged, in consequence of 
the wound. — New Orleans Crescent. 



SLAVERY .318" C-ALliniJ5ES.NI A— PROSPECT OF 1 
ITS - ESTABLISHMENT. 

Two years ago a law was passed by the California Legis- 
lature granting one year to the owners of slaves carried 
into the territory previous to the adoption of the ConstU 
tution, to remove them beyond the limits of the State. 
Last year' the provision of. this law was extended twelve 
months longer. We learn by the late California papers, 
that abill has just passed the Assembly, by a vote of 33 to 
21, continuing the same law in force until 1855. The pro- 
visions of this bill embrace slaves 'who have been carried to 
California since the adoption of her 'Constitution^ a,s well as 
those who were there previously. The large majority by 
which.it passed, and the opinions advanced during the 
discussion, indicate a more favorable state of sentiment in 
regard to the rights of slaveholders in California than we 
■supposed existed.' [The Mississippian. 

— The act here rejoiced over establishes Slavery in 
California as thoroughly as the heart of a slave-breeder 
could desire. Of course, it is flagrantly unconstitu- 
tional; but how will that help its poor victims 1 Do 
you suppose the gigantic swindle, Sham Democracy, 
which elected a Legislature to do so wicked an act, is 
not equally potent in the choice of its Judiciary ? If 
you do, you are easily duped. It is just as easy to 
sustain wicked laws as to pass them, wht n the sup- 
posed interests of unprincipled men are to be pro- 
moted thereby. Only in Anti Slavery, aroused aud 
guided by a Free Press, is there any protection 
against such crimes as that above recorded. Slavery 
would in time insinuate itself even into Vermont if it 
were not for concerted, persistent resistance to it. , 

— A San Francisco paper is giving portraits of the 
men who compose the present Legislature »f that 
State, giving only initials, but painting them so that 
all who know may recognize them. Here is one of 
their biographies, condensed: 

H- finished his boyhood in perfecting himself in 

every existing vice at Natchez-under-the-Hiii, Miss., 
whence his father sent him to an inland brother to 
reform. Here he seduced a cousin of his own age 
(eighteen,) and she, disgraced and ruined, fled with 
him to New-Orleans, where he lived awhile by gam- 
bling, and finally migrated with her to'San Francisco. 
Here he flourished awhile as a blackleg, but finally 
his luck turned — he was cleaned out— and at last sold 
out his paramour cousin to a luckier gambler for 
money. She refused to be transferred, when he beat 
her brutally over the head, until he left her motion- 
less, insensible, and as he supposed dead, on the floor 
of their lodging ; when he ran away to an interior 
county and set up for a politician. He was success- 
ful, as hie presence in the Legislature attests. Such 
characters abound in all newly settled regions where 
time has not been given for educing Social Order 
from Chaos. Shall we confer on such the power of 
imposing Slavery on unborn generations ? 






' Norfolk, June 30ih. — A large meeting has been 
held in this city, at which addresses were made 
highly eulogistical of President Pierce, the Mayor of 
Boston. Judge Curtis, and the order loving citizens 
of Boston, for their respective efforts in aiding the 
return of the fugitive slave Burns. 






The Concord Resolutions.— We have given 
our readers some account of the meeting held in 
Concord, last week, by men of all parties, to con- 
sider the great question of the day, and take meas- 
ures to combine the people against the slave pow- 
er The following are the resolutions adopted by 
this meeting: — 

Resolved, That the citizens of Concord, whose fathers 
were among the first to resist the tyranny of 1776, will 
not be the last to resist that of 1854. 

Resolved, That the passage of the Nebraska and Kan- 
sas bills by the present Congress, is an unprovoked and 
wanton outrage upon the principles and feelings of the 
freemen of the North and West, and destroys all confi- 
dence in the integrity, good faith and honor of the na- 
tional government. 

Resolved, That the compromise of 1820 was in the na- 
ture of a compact between the slaveholding and the non- 
slaveholding States, and inasmuch as that compact has 
been repudiated t)y one party, the other party is thereby 
absolved from all the obligations supposed to be im- 
posed by it. Therefore, 

Resolved, That the free States are at full liberty to 
resist the admission of any slave State into the Union 
hereafter, and that it is their solemn duty so to do. 

Resolved, That the whole system of compromise mea- 
sures has received a fatal stab in thehouse of its friends, 
and the Fugitive Slave Law of 1850 was a part of that 
system, and cannot stand without its support, therefore 
Resolved, That the Fugitive Slave Law of 1850 must 
be repealed. 

And whereas there are unmistakeable indications of 
a settled purpose on the part of the Administration, 
and many of those who represent the slave States, to 
extend the area of slavery by conquest or annexation ; 
and whereas we believe a large -majority of the people 
of this State are decidedly opposed to any further en- 
croachments of the slave power, therefore, 

Resolved, That we believe it to be a duty immediately j 
to take such steps as will unite the people of this Com- 
monwealth for the recovery of the ground already lost i 
to freedom, and to prevent the further aggressions of 
slavery. 

Resolved, That a committee of six be chosen, whose 
duty it shall be to correspond with eminent individuals 
in various parts of the State, and to invite them to meet 
at an early day in Boston, for the purpose of making 
arrangements for a meeting of delegates from every 
town m tiie Commonwealth; and to decide what mea- 
sures shall be adopted to arrest the a'arming inroads of 
the slave power. 

These well prepared resolutions express what is 
generally felt by the people; and those who adopt- 
ed them show that they mean what they say by 
taking measures to act in accordance with their 
resolutions, and secure the necessary organization 
of the people. If the people wait for the "leading 
politicians," the regular drill sergeants and guards 
men of the old party organizations, to be foremost 
in this work, they will never see it done. The 
people themselves must move in the matter. Let 
the dead bury their dead, and do not imagine thai 
those men who from long habit have become 
incapable of rising above the small cunning and 
selfish manoeuvres of the mere political partizan, 
can suddenly assume great sentiments and aims, 
and become brave leaders of that rising of the 
North which is now at hand. Let them tinker 
their crazy old party machines, until they are com- 
pelled to see the futility of such labors. Let the 

PEOPLE THEMSELVES TAKE MEASURES TO SECURE 

the Union eor freedom! If the blind and 
hopeless party politicians insist on remaining in 
the old prison house of party, where everybody 
else now feels stifled, the people can resolve and 
say to each other, — "Arise! let us go hence!" 
Those who obstruct this movement of the peo 
pie, are doing the slave power a great service. 
Douglas and his coadjutors have no more useful 
helpers than such men, and therefore their coun- 
sels will be spurned by all who desire to unite the 
people against the slave power and its Northern 
•' Nebrascals." Let the people in all towns circu^ 
late and sign the pledge of union, and tak« such 
measures in their various localities as will keep 
the ball in motion until the new party is organ- 
ized. 



[.Correspondence of the Commonwealth.[ 
The Adjourned Meeting at Concord. 

Concord, June 23, 1854. 
The adjourned meeting of our citizens to ex- 
press their opinion upon the Nebraska bill, was 
held this evening. Hon. J. S. Keyes took the 
chair, and called the meeting to order at 8 o'clock. 
The Committee on Resolutions, appointed last 
evening, consisting of A. G .Fay, J. M. Cheney, 
and R. W. . Emerson, reported through Mr. 
Cheney, a strong, emphatic series. They will be 
forwarded to you and other city papers in due 
season. The most important and practical one 
was, That a committee of six be chosen, whose 
duty it should be to correspond with individuals in 
various parts of the State/and to invite them to 
meet at an early day in Boston, for the purpose of 
making arrangements for a meeting of delegates 
from every town in the Commonwealth, to decide 
what measures shall be adopted to arrest the 
alarming inroads of the slave power. The resolu- 
tions were eloquently sustained by Col. Daniel 
Shattuck, Hon. Samuel Hoar, Rev. B. Frost, C. 
C. Hazewell, Esq., Dr. Josiah Bartlett, R. W. 
Emerson, and Hon. J. S. Keyes, and adopted by 
acclamation. 

The following gentlemen compose the Commit- 
tee of Correspondence : — 



Samuel Hoar, 
C. C Hazewell, 
A. G. Fay, 

Yours, 



Daniel Shattuck, 
Simon Brown, 
R. Yi. Emerson. 

C. B. 



CoNNECTicuT.-The Senate of Connecticut has 
passed a bill, by a party vote, providing that here- 
after no Jail, Court House, or other public build- 
ing of that State shall be used for the custody of a 
fugitive slave. A bill is also before the same body 
which inflicts a fine of $5000 upon any person whc 
shall lay a claim to a fugitive slave in that State 
and shall n ot prove to make his clai m good. 

The People's Movement.— Weare glad U 
learn that the Concord movement has been fol 
lowed, or rather anticipated in other quarters. £ 
caU for a State Convention, without distinction o 
party, is already in circulation, and has receive* 
signatures. The Convention will be held abou 
the 20th of July. 



Defense of Liberty.— The " Act for the De- 
fense of Liberty," which has just passed the Con- 
necticut Legislature, provides, 1st, that any person 
who shall falsely pretend that any free person is a 
slave, with intent to procure his forcible removal 
from the Sttte, as a slave, shall pay a fine of 
$5000, and be imprisoned five years in the State 
Prison; 2d, that in all cases arising under this act, 
the truth of any representation that a man is a 
slave, shall not be deemed proved except by the 
testimony of at least two credible witnesses testi- 
fying to facts directly tending to establish such 
representation, or by legal evidence equivalent 
thereto; 3d, imposes a similar fine and imprison- 
ment upon any person who shall seize any free 
person with' intent to sell him into slavery; 4th, 
prohibits the admission of depositions as evidence 
under the act; 5th, provides the same punishment 
for a witness who shall testify falsely; 6th, provides 
a punishment of one year in the State Prison for 
any one who shall obstruct anjofhcer in the service 
of a warrant under the act, or shall aid any ac 
cused person in escaping from pursuit; 7th, ex- 
cepts from the penalty, the case of claim for 
apprentices. 




(itantflttfoedil* 



BY A. S. WIULINGTOW & CO. 



JUNE J7, [854. 



What is it bid a map of busy life ? Cowper. 



SATURDAY MORNING, JUNE 17, 1854. 

The "Veracity of the Rev. Theodore Pac- 
ker. 

Speaking of the recent fugitive slave case in 
Boston, our correspondent in that city in his letter 
published in yesterday's Courier, had the follow- 
ing paragraph : 

Last Sunday, Theodore Parker made the trial the sub- 
ject of his sermon. It was composed of the usual 
amount of blasphemy and falsehood, Amongst other 
statements I notice the following— (as published in the 
daily papers) — Will some of our Savannah friends con- 
tradict the lie. Speaking of Thomas Simms, the fugi- 
tive, he says — "Simms was beaten to death. He was 
taken to the prison in Savannah and whipped until he 
died." 

Unfortunately, however, for the Reverend gen- 
tleman's reputation for truth, his statement does 
not contain one iota of that virtue. When Simms 
was returned, his master immediately sent him to 
a highly respectable broker in this city, with in- 
structions to sell him forthwith, but allow him to 
select, if possible, his purchaser. This Simms 
was unable to do, and therefore at his own request, 
was shipped to New Orleans, where he found a 
party willing to buy him, and at this present time 
is working in that city at his trade, that of a brick- 
layer, so successfully, that in a short time he will 
be in a condition, if he feels so disposed, to buy 
^'mself. So much for abolition veracity. 

WENTY-PIVE DOLLARS REWARD. 

—Broke Jail on the night of the 10th inst., ane 
gro fe How named JOE, aged about 18 years, rather black 
color, about 5 feet 4 or 5 inches high, sharp chin, and 
broad between the eyes, two of his front teeth out on 
the upper part of his mouth. He is intelligent, active 
and pert, and is owned by Mr. Wm. Sinclair. The 
above reward will be given for his delivery to me in 
Che Charleston Jail. 

J. POULNOT. 
June 12 Jailor C. D. 

IIFTY DOLLARS REWARD Runaway 

from the premises of Stephens & Foster, on the 
night of the 4th inst., two Negro Men, one a dark mu- 
latto, named JOHN, has a full face, is 26 years old, stout 
built, about 5 feet 9 inches high. The other, a black 
boy, named JAMES, is 19 years old, has a pleasant 
countenance, and is about 5 feet 5 inches high, It is 
supposed they lett in a boat, with the intention of going 
to Charleston. The above reward will be paid for their 
apprehension, or twenty five dollars for either of them. 

WILLIAM ALSOPGT. 
Jacksonville, Fla., June 8. f4 June 13- 

Washer, Ironer and Howe Servant. 
BY THOMAS RYAN & SON. 
Will be sold, at Private Sale, MATILDA, an excel- 
lent Washer, Ironer, &c, together with her daughter 
NANCY, a complete House Servant. These negros are 
of unexceptionable character, and will only be sold to a 
city resident. 3 June 16 



Boston* Monday? Juise 20. 1854* 




Free Democratic State Committee.; 

The office of the Free Democratic State Committee is at No. 
:0 School street, (up stairs.) Entrance No. 1 Province 



A Noble Grand Jury. — We understand, un- 
officially, that a Grand Jury has refused to find 
bills against Rev. Theodore Parker, Wendell Phil- 
lips, Dr. S. G. Howe and others, for sedition, or 
for aiding in the slave riot. The Jury could not 
be urged or coaxed into it. A government officer 
has often, in other places, advocated the doctrine 
that Juries are judges of tho law as well as the 
facts. And in the cases which have lately been 
brought to the notice of a Grand Jury, they have 
followed this doctrine, although the same advo- 
cate argued the reverse to them. It is said there 
was some curious swearing before the Jury refer- 
red to. It was of such a character, that it was not 
generally believed by the jurors, hence no bills. — 
Sunday News, June25th. 

We understand that Hallett has made very 
great exertion to get indictments against these 
men ; but we did not believe he could succeed 
in this nefarious business, and we felt quite 
sure that no jury could be made to convict 
them, even if they should be indicted. We 
have been confident that the Grand Jury would 
save the State from this additional outrage, by 
protecting its character from the disgrace of 
such indictments. Nothing but the bloodhound 
spirit of the slave power, at work in the basest , 
and most unscrupulous of its vassals, could have 
instigated such proceedings against those men 
for anything they did or said, that night, in 
Faneuil Hall. It is a very high handed pro- 
ceeding, even for political scoundrelism that 
has become incapable of being ashamed of it- 
self, to perpetrate a great outrage that makes 
all the purest and best men and women . shud- 
der and burn with indignation, and then un- 
dertake to indict them for being thus excited. 

In such cases, it is the imperative duty of 
the Grand Jury to remember that they are not 
bound to accept the law as it may be laid 
down by the District Attorney, or even by the 
judge. And they should also just as carefully 
remember, that in regard to political offenses, 
or cases where men are charged with crime 
merely to gratify a despotic government, or a 
malignant and unscrupulous faction that con- 
trols the government, or a blood-thirsty prose- 
cuting officer, that the grand jury, as well as 
the petit jury, stands to guard the liberty and 
personal rights of the citizen, that they are 
bound to judge of both, the law and the facts, 
and that if even they accept the law as laid 
down by the court, they are not bound to "find 
a true bill," if, in the honest exercise of their 
discretion, they think the prosecution ought to 
be stopped. This is a prerogative which the 
grand juries in Boston have always exercised, 
and we trust they will always continue to ex- 
ercise it. 









That community in "which the minions of 
despotism can crush out opposition to wicked 
laws and force everybody to bless the infernal 
rascalities employed to execute them, must be 
utterly unfit for democratic institutions. There 
can be no genuine reverence for law, no honest 
and reliable sense of the great duties of citizen- 
ship, in those who can uphold wickedness and 
cheer on its blood-thirsty ministers. We owe J 
a duty to the laws ; but we owe a sjill higher 
duty to that eternal justice which gives just 
laws their sanction, and which has nothing but 
anathemas for such infamous enactments as 
the fugitive slave bill." That bill teems with 
abominations. It is unconstitutional, inhuman, 
infernal. It is a hideous monster that not only 
tramples under foot the Constitution and 
breaks down the safeguards of personal free- 
dom, but wages a deadly war against every 
thing (that gives worth and beauty to human 
nature. It must and will be spurned, hated, 
and treated as a savage enemy, as long as that 
nobleness of manhood, which is the only secure 
basis for law and order, continues to exist 
among us. 

The Late Chief Justice Wells. — The death 
of Judge Wells will be universally regretted, and 
by no class of persons more than the Anti-Slavery 
men of the State. They gratefully remember the 
manly indignation which he exhibited at the 
chaining up of the Court House during the trial of 
Simms, and his consistent and uniform condemna- 
■ tion of slavery and the schemes of the slave power 
and its allies, the pro-slavery parties. He was un- 
derstood to be fully of the opinion that the Fugitive 
Slave Bill was unconstitutional, as well as wicked 
and inhuman ; and it was earnestly desired by many 
men that the question might in some way be 
brought before him for a decision upon that point. 

Judge Wells, we believe, was a native of Green- 
field, where he resided most of his life, and until 
he was appointed Chief Justice of the Court of 
Common Pleas, in 1844. He was always consid- 
ered one of ithe best lawyers in the western part ! 
of the State, but did not become prominently j 
known in this section until the celebrated trial of 
Wyman, (of the Phoenix Bank) which took place 
at Lowell in 1843, we believe, on which occasion 
Mr. Wells acted as prosecuting officer, and argued 
the case for the Commonwealth with great ability. ! 
Mr. Webster was counsel for Wyman, and duriDg I 
the charge of Judge Allen to the jury, he inter- 
rupted the Judge, with his usual overbearing man- i 
ner, and was compelled to sit down, and after- ; 
wards to apologize for his rudeness. Wyman was 
convicted. Mr. Wells was soon after appointed to ; 
a place on the bench. He was not very popular ' 
as a Judge, but universally respected for his sound I 
legal learning and kindness of heart. j 



probably tel<?graphed that we are m a state of war, 
and we shall soon hear from Gushing, whether or 
not the President is " up to the occasion." 

It is no part of our business to interfere in this 
affair, but a practical suggestion or two may not 
be out of place. 

We submit, that if the question- of the liberty of 
an alleged fugitive can be decided by a Commis- 
sioner, without a trial by jury, then the question 
of the guilt of a person who attempts a rescue of 
the slave, or urges others to the attempt, ought to 
be decided in the same way. We are no lawyer, 
but this looks reasonable. Is there not time, be- 
fore Congress adjourns, to pass a bill supplemen- 
tary to that of 1850, which shall allow any of our 
patriotic Commissioners to settle this question 
without the intervention of a jury? 

If this suggestion cannot be complied with, then 
we must have a new mode of selecting the juries. 
For the Grand Jury, a body of custom-house offi- 
cers might be selected, as it is possible that a ma- 
jority of that class of persons would be tractable. 
But as there are quite a number of clever fellows 
among them, they could not be trusted to try the 
cases, where a unanimous verdict is required. The 
only perfect remedy we can suggest is, to allow the 
jury to be selected by the Judge, the District At^ 
torney and the Slave Commissioners ; or else to 
have "a tribunal of slaveholders" as they have in 
the South for the trial of some kinds of offences. 
We should think it safer, however, to trust Hal- 
lett, and the gang he could buy up, than a jury of 
slaveholders, one or two of whom might, perhaps, 
be troubled with consciences. 

The case is full of psrplexities. 



.Jubies.— We presume that Hallett will forth- f 
trith bring to the attention of the Government the 
alarming condition of things in this city. Judge 
Curtis's charge, and B. F. Hallett's earnest and 
assiduous efforts before a tribunal where only an 
ex parte case is required, have failed to secure a 
majority of the jury in favor of indicting Parker, 
I Phillips, and Howe. Before this time, Hallett has 



From the Washington Union. 

Abolition Mob and Murder in Boston 

The Constitution and Laws of the United States set 
at defiance. 

"The fugitive slaves of the United States are 
among the heroes of our age. In sacraficing ihem 
to this foul enactm -nt of Congress, we should violate 
every sentiment of hospitality, every whispering of 
the heart, every dicta'e of religion, There are 
many who will never shrink at any cost, and not- 
withstanding all the atrocious penalties of this bill, 
from efforts to save a wandering fellow-man from 
bondage; they will offer the shelter of their houses, 
and, if need be, will protect their liberty by force 

From a humane just, and religions people, shall 
spring a public opinion to keep perpetual guard over 
the liberties of all within our borders? nay, more, like 
the flaming sword of the cherubim at the gates of 
Paradise, turning on every side, it shall prevent any 
slave-hunter from ever setting foot in this Com- 
momveallh. Elsewhere he may pursue his human 
prey; he may employ his congenial bloodhounds, and • 
exult in his successful game, but into Massachu- 
setts he Must not come " — Extracts from the 
Speech of Senator Charles Sumner, in Boston. October 

of mo. 

On Friday morning last this Nebraska bill passed 
Its final reading ih th§ Senate of the United States, j 
bill not before Charles Sumner, the author of the ! 
above deliberate invocations to viok nee against the 
laws he had delibtratcly, and before God, sworn to obey, 
had proclaimed his determination to have the fugitive- 
slave statute repealed, and had solemnly pronounced 
the maledictions of the New England church against 
it, and had asserted, in terms, that the law should 
never be executed in Massachusetts. He and his 
confederates had previously organized the New 
England clergy against the Nebraska bill, in an ad- 
dress full of wilful falsehoods and incendiary appeals, 
and it was fitting that he should close his tirade 
against that meansure, on Friday morning, first, by 
defending the three thousand ministers of (he Gospel 



IFrom the Courier.] 

Where are we Going? — An admirable edito- 
rial article in the Journal of last Saturday on "The 
Military and the Citizens," may well be followed by 
some reflections on the state of feeling towards the 
Union, now existing in Massachusetts among large 
classes of her citizens.. We do not wish to deny,-— 
we could not do so if we would,— that one of the 
late measures of Congress has produced .this feeling. 
We did everything in our power to warn tha country 
against the consequences of that measure, and to 
prevent its passage. Perhaps it is not even now too 
late to repair the wrong that has been done. Bui 
hefore the means by which this is to be done can be 
considered, we have to inquire soberly where our 
resentment against an unjust and unwise act of legis- 
lation is carrying us, and whether it may not de- 
prive us of all power to restore the compromise of 
1820 to it."i true position. , 

The evidence exists all around us, that there is now 
a strong disposition here in Massachusetts to treat the 
government of the United States, at least in regard to 
one of its functions, as if it were a foreign power, 
whose authority over us we may and ought to bring 
to the test of actual resistance. We refer, of course, 
to the feeling existing in the matter of restoring fugi- 
tives from service to the states from which they come ; 
— and we say that this feeling amounts in large class- 
es of persons, to such a stale of hostility towards the 
authority of the Union, as leads them to seek for pal- 
liations of their own and others' conduct in a fancied 
analogy to the conduct of our fathers towards the go- 
vernment of George III. We have the evidences of 
this, not only in the acts and sentiments of the fanatg 
ics, whose headquarters are to be found in a building 
from which dangerous missiles have been thrown up- 
on the conservators of the peace, but we have it in 
the efforts made by presses not conducted by fanatics 
to excite bad passions against the citizen soldiery, 
who have patriotically discharged a duty appropriate 
to their organization and required by laws which we 
ourselves have enacted. We have it in the numerous 
pulpits, which are now preaching the doctrine that a 
moral question has arisen, of so deep and iranscend- 
ant a character, that we are required by it to ap- 
proach the alternative of a dissolution of the Union; 
pulpits which inculcate the idea that the act of the 
government, in transferring a man by process of law, 
and on the clearest evidence, from the State of Mas- 
sachusetts, where he does not belong, to the State of 
Virginia where the Constitution of the country places 
him, is an act of the last degree of oppression and in- 
dignity to us and our moral sens© against the rep- 
etition of which we ought to protect ourselves, at ev- 
ery hazard and every cost. We have it in the pro- 
ceedings of large public meetings, of which at least 
two have been held — one in this city, in Faneuil 
Hall, and one in New Bedford — at both of which 
open resistance to a law of the United States has 
been counselled ; and at the latter of which, thsse 
who are the subjects of that law have been advised 
to arm themselves and "shoot down" the officers of 
the government. Finally, we have it in the argu- 
ments and excuses with which a considerable part of 
the press is teeming, which represent our oppressions 
and indignities as the same in kind, and as fit to be 
encountered by the same means, as those which drove 
our fathers into revolution. 

But lest we should be supposed to have misrepre- 
sented the state of things about us, we will cite a 
single specimen of the tone of the pulpit; and we 
take it from a sermon preached by one of the ablest 
and best men among us, a man of sincere piety and 
wholly free from fanaticism — the pastor of one of the 
most intelligent and cultivated congregations in this 
city — the Rev. Dr. Gannett. This gentleman, with- 
out any excitement, but in language of deep feeling, 
soberly and carefully measured, has put to his hear- 
ers and to the public, what he allows to be the 
"fearful issue," of a dissolution of the Uuion — as an 
issue which "conscience and duty," "self respect 
and our holiest persuasions" call upon us to embrace, 



rather than have a law executed here, which requires 
the restitution of fugitives from service coming to us 
from other states. We take the following extract 
from his sermon: — 

Fourthly, we may proceed to rescue our own soil from 
being trampled by those whose attempts to reclaim their 
fugitive servants are conducted id a manner to wound our 
sensibilities and provoke our passions. I repeat, that while 
a law stands in force, we must, either consent to its execu- 
tion or bear the penolty of disobedience But when the ex- 
ecution of that law not only inflicts a pang on our moral 
nature, but is made doubly paitiiul by the frequency arid 
zeal with which it is carried into effect, we cannot, or if 
we can, we ought hot to fold our arms and close our lips in 
patient acquiescence. The principle ol the present fugitive 
slave law was embodied in the similar act of Congress 
passed more than half a century ago, but tor more than fifty 
years the South was content that the act should remain 
comparatively inoperative; let it take the same course now, 
and the North would acquiesce in the le^al validity of a 
claim seldom enforced. But if the South evince a deter- 
mination to put Northern feeling to a trial on this question 
whenever it shall have an opportunity, Northern men will 
not consent to witness often such scenes as we were made 
10 endure a few days since. The question will not be 
simply, whether a law shall be executed or be resisted; a 
deeper question will arise, when the Southern muster shall 
use the tree States as the ground on which to assert the 
immaculate character of slavery. The alternative will then 
present itself, whether we will become ready participants 
in upholding a system which- we abhor, or will seek 
a dissolution of the bond which holds us and the 
South together. This is sad language, and fearful. 
I know what, it means, and what it suggests.' But 
the facts which wring such language from us are 6ad and 
fearful. I have loved the Union as dearly perhaps as any 
one. I have clung to it as the guide and hope of the oppress- 
ed nations of the world. 1 have lost friends and been tra- 
duced—that is no matter, except as it shows how I have 
spoken, because I maintained that the Union must be pre- 
served at almost any cost. I say so now. But it may cost 
us too much. If every manly, and honest and Christian 
sentiment must be subjected to continual indignity, then- will 
sober men, who have loved the Union and clung to it, ask 
whether a peaceable separation, with all its prospective is- 
sues, would not be preferable. We do not want what has 
been justly styled "the characteristic of Southern civiliza- 
tion" made familiar to our eyes, and we shall not be able, I 
think, to bear it. Not as threatening or braving the South, 
do we so speak. We believe the Southern part of our coun- 
try would suffer more th n we from disunion. But the re- 
lative prosperity ol the two sections cannot be permitted to 
decide a question of such moral import as this. In sorrow- 
ful, not in passionate emphasis we say, that if the South in- 
sist on making the North the scene of its activity in main- 
taining an instiiu (ion from which the conscience and the 
heart of the North revolt, it will compel us to ask in seri- 
ous and solemn deliberation, is the Union worth preservmg 
on that condition? 

We are of course, all called upon to examine for 
ourselves the soundness and correctness of these and 
similar sentiments, now so much agitated. 

Most persons we imagine, will find that they can 
best approach the solution of this, as well as of any 
other moral question, by sweeping away from it all 
false analogies and impracticable courses of con- 
duct, which only tenJ to shut out the truth. 

Proceeding in this way, we shall probably find that 
the sooner we get rid of the notion that there is any 
resemblance between our relations to the government 
of the United States, in this matter, and our former 
relations with our mother country, the more fteely 
and truly will our moral perceptions be able to oper- 
ate. In the first place, we were never represented 
in the body which passed the Stamp Act, or the Bos- 
ton Port Bill, or the other obnoxious measures that 
produced the revolution: they had the authority of 
law for us only just so far as they could be enforced 
by the executive, who was the common sovereign of 
that country and of this, we denying all the while 
| that Parliament could legislate for the Colonies. — 
I Those measures, therefore, when sought to be en- 
forced here, were acts of mere arbitrary power, and 
in no sense acts of legislation to which our express 
or implied assent could be said to have been given. — 
But the obnoxious act of which we are now com- 
plaining is a legislative act of a government which we 
helped to create, and in every branch of which we 
have been constantly and fully represented. 

It is the act of our own government — of a govern- 
ment that is as absolutely and exactly ours as the 
government of our separate state is. Whether our 
particular votes were or were not given to it cannot 
make it any the more or any the less binding upon us 
as law, in the making of which we were represented. 



I 



r.Dant is oi great significance that the thing which 
i this law undertakes to do — the rendition of fugitives 
from service — was deliberately and solemnly stipula- 
ted and promised by U3, as a thing that should bo 
done, in a convention in which we were fully repre- 
sented, and in which every one of our votes was given 
to it, when the instrument which constitutes the gov- 
ernment was framed and signed. It is manifest, 
therefore, that when a moral question is raised, 
whether we should be justified in breaking not merely 
an implied promise, but a direct and actual promise 
made through our representat